Court No. - 28 Case :- CRIMINAL APPEAL No. - 583 of 2008 Petitioner :- Sri Keshan @ Sri Krishna Respondent :- State Of U.P. Petitioner Counsel :- Ambrish Verma Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard learned counsel for the appellant and the learned AGA on the third
application for bail and perused the lower court record.
The appellant has been convicted in S.T.No. 489 of 2005 by the Additional
Sessions Judge, Court NO. 7, Barabanki, and sentenced as under:–
(i) Under Section 307/34IPC = Seven years’ R.I. and a fine of Rs.5000/-.
(ii) Under Section 352 IPC= Six months’ R.I.
As a new ground it is submitted that the appellant has already undergone more
than 1/3rd of the total period of imprisonment as per as under:–
(i) He remained in jail from 03.05.2005 to 02.08.2006 during
trial=1yr.3months
(ii)After conviction he remained in jail from 08.03.2008 till date =1yr.10
months.
Thus he has already undergone a total period of 3 years and 1 month. This
period has been verified by Sri Rakesh Kumar learned AGA on perusal of the
lower court record.
Taking a cue from the case of Kamal Versus State of Haryana, reported in
2004 SCC page 526 the learned counsel for the appellant submits that since
the appellant has already undergone about 1/3rd of the total period of
imprisonment, he may be granted bail.It is further submitted that this appeal is
pending in this Court for the last about two years and it may take a couple of
years or even more in its final disposal whereas speedy justice is fundamental
right.
In view of the above I find it a fit case for granting bail. Let the appellant (Sri
Keshan @ Sri Krishna) be enlarged on bail on his furnishing a personal bond
and two sureties in the like amount to the satisfaction of the Magistrate/Court
concerned. Photostat copies of the bail bonds be remitted to this Court for
being kept on the record of this appeal.
However, fine is not stayed. Let the same be deposited within 3 weeks from
the date of release.
Order Date :- 13.1.2010
Shaakir/