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2009 DIGILAW 1240 (ALL)

AKBAR ALI v. STATE OF U P

2009-04-09

ALOK KUMAR SINGH

body2009
Heard. Admit. Call for the lower court record. List for hearing on its turn after 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. 250 of 1997 as under-- 1. Under Section 147 I. P. C.- One years imprisonment with a fine of Rs. 1000/- each. 2. Under Section 323/149 I. P. C.--Six months imprisonment with a fine of Rs. 1000/- each. 3. Under Section 504 I. P. C.-Six months imprisonment with a fine of Rs. 500/- each. It is submitted that the severity of punishment is not much. It is further submitted that the nature of accusation is also not very serious. 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 (Akbar Ali and Sattar) 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. .