SHYAM SUNDER 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.72 of 2007 as under-- 1.Under Section 307/34 I.P.C.--Five years' R.I. with a fine of Rs.1000/- each.

(2.) UNDER Section 427/34 I.P.C.-Three months' R.I. It is submitted that punishment is not severe and the nature of accusation is also not very grave. It is also submitted that there is a single gun shot injury on chest of the injured which is said to has been caused by co-convict Viraj Man (non-appellant). During trial they were on bail which they never misused. 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 (Shyam Sunder Yadav, Ram Khelawan and Rajdev 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 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.