LALA RAM 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.546 of 2007 as under-- 1.Under Section 308 I.P.C.--Five years' R.I. with a fine of Rs.5000/- each.

(2.) UNDER Section 324 I.P.C.-Two years' R.I. with a fine of Rs.2000/- each. The main role of causing fire arm injury resulting in the fracture of parietal bone of Madhulika has been assigned to appellant no.1, Lala Ram who is said to be in jail from January, 2007 and as such he has already undergone more than two years out of the total period of imprisonment of five years with which he has been sentenced. Thus he has already undergone more than 1/3rd of the total period of imprisonment. The accusation against the rest of the two appellants are not of very serious nature and severity of punishment against all the appellants is also not very much. The appellants nos. 2 and 3, Rook Mangal and Dinesh Yadav it is said that during trial they were on bail which they did not misuse. 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 (Lala Ram, Rook Mangal and Dinesh Yadav) 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.