Court No. - 3 Case :- CRIMINAL APPEAL No. - 1694 of 2010 Petitioner :- Ali Hasan @ Dhadhu Respondent :- State Of U.P. Petitioner Counsel :- Sulabh Kr. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Shri Narayan Shukla,J.
Heard Mr. Sulabh Kumar Srivastava, learned counsel for the
appellant and learned A.G.A.
Admit.
Summon the lower court record.
The appellant has been convicted and sentenced in Session Trial
No. 39 of 2007 as under:-
Under sections 323 IPC- One year rigorous imprisonment.
Under Section 324 IPC- Two years rigorous imprisonment.
Under section 506 IPC and Section 3(1) X of SC/ST Act- Four
years rigorous imprisonment and fine of Rs. 10,000, in default of
payment of fine further three months additional imprisonment.
The learned counsel for the appellant submits that severity of
punishment is not much and nature of accusation is also not grave.
During trial the appellant was on bail which he never misused. He also
submits that speedy justice is the fundamental right but the appeal may
take a couple of years or even more in its final disposal. The appellant
has every hope of success in the appeal. He further submits that
according to the medical examination report dated 20.1.2007 the injuries
caused to the injured are simple in nature.
The bail, is however opposed by the learned A.G.A.
Considering the aforesaid facts, prima facie, I am of the view that
it is a fit case of bail.
Let applicant Ali Hasan alias Dhadhu 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.
Subject to the above, the sentence of imprisonment shall remain
suspended during the pendency of the appeal.
Order Date :- 15.6.2010
GSY