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 No.1149 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.206-A of 2007 as under-- 1.Under Section 307/34 I.P.C. --Seven years' R.I. with a fine of Rs.2000/-.
(2.) UNDER Section 323/34 I.P.C.--One year's R.I. Under Section 452 I.P.C.-Three years' R.I. with a fine of Rs.1000/-. 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/versions and both the sessions trial have ended in conviction. In respect of merit of the case it is submitted that he has been assigned with the role of causing injury by but of the gun which he was allegedly wielding but these injuries have not been found to be serious as would be apparent from the perusal of the judgment. However, the appellant has been convicted with the aid of Section 34 I.P.C. 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 (Pushpendra alias Rinku) 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.;