SOHAN YADAV 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.698 of 2005 as under-- 1.Under Section 307/34 I.P.C.--Seven years' R.I. with a fine of Rs.2000/-. It is submitted that the severity of punishment is not much and the nature of accusation is also not very serious. It is also submitted that the appellant no.1 was arrested on 14.08.2004 by the police and thereafter he was released on bail on 26.05.2006 vide order passed in Criminal Miscellaneous Case No.1545 (B) of 2006 and as such he has already undergone a period of more than 20 months in jail during trial. It is also added that after getting bail he did not misuse it during entire trial. In respect of appellant no.2 it is said that the only role attributed to him is that of exhortation only and he has been convicted with the aid of Section 34 I.P.C. It is also added that the injury report and X-ray report annexed with the supplementary affidavit would show that though the single injury was in abdomen but nothing abnormal was detected in X-ray report. Regarding his period of aforesaid imprisonment already undergone the averment made in para 3 of the supplementary affidavit stands uncontroverted. 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 (Sohan Yadav and Kedari Godiya) 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 two months 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.