SUKROO Vs. STATE OF U P

JUDGEMENT

(1.) HEARD. Admit. Call for the lower court record. List for hearing on its turn when 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.1136 of 2006 as under-- 1.Under Section 304/34 I.P.C.--Six years' R.I. with a fine of Rs.2000/-.

(2.) UNDER Section 323/34 I.P.C.-Six months' R.I. 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 as mentioned in para-F of the memo of bail application the appellant is in jail since May, 2006 and continues to be so till date. It is pointed out that in the judgment in question also it is mentioned that he was in custody during entire trial. Therefore, it is said that out of the total period of imprisonment of six years he has already undergone a period of approximately three years and as such he has already completed 1/3rd of the total period of imprisonment of six years with which he has been sentenced. The period of detention has also been verified by learned A.G.A. Taking a cue from the case of Kamal Versus State of Haryana reported in 2004 SCC page 526 it is, therefore, requested that he may be enlarged on bail. It is also submitted that the appellant has every hope to get success in the appeal which is likely to take a couple of years or even more in its final disposal. 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 (Sukroo) 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.