RAM PHER 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.438 of 1994 as under-- 1.Under Section 307/34 I.P.C.--Seven years' R.I. with a fine of Rs.4000/-. It is submitted that the severity of punishment and nature of accusation is not very much and grave. Regarding period of detention it is also submitted that he remained in jail from 28.11.1994 to 12.02.1997 i.e. for about more than two years. Then again he remained in jail from 31.05.2003 to 24.04.2006 and this period comes to about two years ten months. Again from the date of judgment he is in jail i.e. 22.09.2008 till date and thus again completed a period of about eight months. It is therefore submitted that he has already completed more than four years i.e. more than half out of the total period of imprisonment of seven years with which he has been sentenced. The period of detention has been verified by learned A.G.A. after going through the lower court record. 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 (Ram Pher) 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 two months 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.