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2011 DIGILAW 1524 (ALL)

Virendra Singh and Others v. State of U. P.

2011-06-28

RAJESH CHANDRA, SHEO KUMAR SINGH

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Rajesh Chandra, J. 1. Heard learned counsel for the appellants and the learned A.G.A. 2. Admit. 3. Summon the trial court record. 4. The appellants have been convicted in S.T. No.173 of 2001 for the offence under Section 147, 148 IPC and have been sentenced with simple imprisonment of two years and fine for the offence under Section 147 IPC and R.I of three years each with fine for the offence under Section 148 IPC. Both these sentences have been ordered to run concurrently. 5. On the application for release of the appellants on bail during the pendency of the appeal, it is submitted by the learned counsel for the appellants that the appellants were on bail during the trial and have not misused the liberty of bail. It has further been contended that the appeal is not likely to be heard in near future and its disposal may take a couple of year or even more in its final disposal, whereas the speedy justice is a fundamental right. It is further submitted that the trial court has erred in appreciating the evidence on record. 6. It was also pointed out that the appellants are on interim bail. 7. The learned A.G.A. endeavoured to support the judgment and refuted the arguments. 8. Without expressing any opinion on the merit of the appeal, let the appellants namely Virendra Singh, Girraj, Karuwa, Pramod, Rakesh, Purushottam, Narendra, Raghvendra be enlarged on bail on their executing a personal bond for Rs.25,000/- with two sureties each in the like amount to the satisfaction of the trial judge concerned in the above session trial for the above offences. 9. As soon as the personal bond and surety bonds are furnished, photostat copies of the same are directed to be transmitted to this Court forthwith by the trial Judge so as to keep them on record of this appeal. 10. The appellants are allowed one month's time to deposit the amount of fine as awarded to them. Connect this appeal with criminal appeal no.3666 of 2011.