Alok K. Singh, J. - (1.) HEARD. Admit. Call for the lower court record. List for hearing on its turn after the record is received. 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.90 of 2007 as under-- 1.Under Section 376/511 I.P.C. --Five years' R.I. with a fine of Rs.1000/-.
(2.) UNDER Section 506 I.P.C.-- Six months' R.I. Under Section 3 (1) (XII) S.C./S.T. Act--Three months' R.I. with a fine of Rs.500/-. It is submitted that the severity of punishment is not much and the nature of accusation is also not very grave. Regarding merit of the case it is also submitted that as many as five witnesses were produced in defence and in his statement under Section 313 Cr.P.C. specific reason was given for his false implication but those points have not been properly thrashed out by the court below. 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 (Vijay Kumar Yadav) 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.;