Court No. - 29 Case :- CRIMINAL APPEAL No. - 2043 of 2010 Petitioner :- Adarsh Awasthi Respondent :- State Of U.P. Petitioner Counsel :- Anoop Kumar Upadhyay Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Admit.
Summon the lower court record and list for hearing.
Heard learned counsel for the appellant and learned A.G.A.
on the prayer for bail and for suspending the execution of
the sentence under appeal and also perused the record.
The appellant has been convicted and sentenced
under Section 304(2)I.P.C. with seven years R.I. and a fine
of Rs. 2000/-
Submission of the learned counsel for the appellant is that
the charge sheet was submitted under Section 302 I.P.C.
The learned trial court has convicted the appellant under
Section 304 I.P.C. as averred in para 2 of the bail
application. It is further submitted that the learned trial court
committed an error in appreciating the evidence on record.
Learned counsel submits that it has come in evidence that
the First Information Report was ascribed on the dictation of
the Police Inspector. It is also submitted that during the trial
the appellant was on bail which he never misused. This
appeal may take a couple of years or even more in its final
disposal whereas the speedy justice is a fundamental right.
In view of the above, the execution of the sentence including
sentence of fine under appeal shall remain suspended till the
final disposal of the appeal.
Let the appellant Adarsh Awasthi be released on bail on his
furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the Magistrate/Court
concerned.
Order Date :- 4.8.2010
Kan