LAXMAN Vs. STATE OF U P
LAWS(ALL)-2009-5-296
HIGH COURT OF ALLAHABAD
Decided on May 22,2009

LAXMAN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Alok K.Singh, J. - (1.) HEARD. Admit. Call for the lower court record. List for hearing on its turn after the record is received along with Criminal Appeal Nos.1029 of 2009 and 1030 of 2009. HEARD learned counsel for the appellant and learned A.G.A. on the prayer for bail. The appellant has been convicted and sentenced in Sessions Trial No.684 of 2006 as under-- 1.Under Section 147 I.P.C. --One year's R.I. with a fine of Rs.500/-.
(2.) UNDER Section 148 I.P.C.--Two years' R.I. with a fine of Rs.1000/-. Under Section 307/149 I.P.C.--Five years' R.I. with a fine of Rs.2000/-. It is submitted that the severity of punishment is not much and the nature of accusation is also not very grave. It is also submitted that there are cross cases/version although the cross case ended in acquittal. During trial he was on bail which he never misused. It is also submitted that speedy justice is a fundamental right but the appeal may take a couple of years or even more in its final disposal. The appellant has every hope of success in the appeal. The bail is, however, opposed by learned A.G.A. In view of the aforesaid facts and circumstances and without entering into merits of the case, I find it to be a fit case for granting bail. Let the appellant (Laxman) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned. However, the fine is not stayed. Let the same be deposited within one month from the date of his release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.;


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