VIMAL KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD. Admit. Call for the lower court record. List the appeal for hearing on its turn when the record is received. HEARD learned counsel for the appellants and learned A.G.A. on the prayer for bail. The appellants have been convicted and sentenced in Sessions Trial No.266 of 2004 as under-- 1.Under Section 324 I.P.C.--Three years' S.I. with a fine of Rs.1000/- to appellants nos.1 and 2, Vimal Kumar Singh and Abhiman Singh only.

(2.) UNDER Section 109/324 I.P.C.--Three years' S.I. with a fine of Rs.1000/- to appellant no.3, Maharaj Bux Singh only. It is submitted that punishment is not severe and the nature of accusation is also not very grave. During trial they were on bail which they never misused. Presently they are on interim bail. 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. 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 appellants (Vimal Kumar Singh, Abhiman Singh and Maharaj Bux Singh) 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.