Alok K. Singh, J. - (1.) LIST the appeal for hearing on its turn. Heard learned counsel for the appellants and learned A.G.A. assisted by Sri S.P. Singh Somvanshi, learned private counsel for the complainant on the prayer for bail. The appellants have been convicted and sentenced in Sessions Trial No.32 of 2002 as under-- 1.Under Section 147 I.P.C.--Six months' R.I. with a fine of Rs.500/- each.
(2.) UNDER Section 323/149 I.P.C.--Six months' R.I. with a fine of Rs.500/- each. Under Section 325/149 I.P.C. --Three years' R.I. with a fine of Rs.1000/- each. Under Section 304 part I/149 I.P.C.--Ten years' R.I. with a fine of Rs.3000/- each. It is submitted that nature of accusation is not very serious. It is further submitted that there are cross cases/versions. From the side of the appellants there are seven injured persons while from the other side there are four injured persons but unfortunately one person out of them died. The case in which the appellants side was complainant ended in acquittal. It is also submitted that though there are as many as 15 injuries including several lacerated wounds caused to seven persons from the side of the appellants but there was neither any explanation regarding these injuries in the F.I.R. nor in the ocular evidence, still the learned lower court only on the basis of fact that these injuries were not found to be grievous has ignored them and reached to the conclusion that merely on the ground of non-explanation of injuries no doubt is created. A conclusion was also arrived at that the appellants side was the aggressor but no convincing reason has been mentioned to form this opinion by the learned court below, it is submitted. During trial they were on bail which they 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 appellants have every hope of success in the appeal. The bail is, however, opposed by learned A.G.A. assisted by learned private counsel for the complainant. In view of the aforesaid facts and circumstances and without entering into merits of the case and particularly having regard to the fact that there are cross cases/versions and as many as seven persons received injuries including lacerated wounds from the side of the appellants, I find it to be a fit case for granting bail. Let the appellants (Heera Lal and Moti Lal) be enlarged on bail on their furnishing personal bonds and two sureties each 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 their release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.;