Court No. - 28
Case :- CRIMINAL APPEAL No. - 721 of 2007
Petitioner :- Anil Kumar Tiwari {In Jail}
Respondent :- State Of U.P.
Petitioner Counsel :- Chhotey Lal Yadav,Jan Laxmi Tiwari,Pradyumn
Shukla,R.C.Pandey
Respondent Counsel :- Govt.Advocate
Hon'ble Alok K. Singh,J.
Heard the learned counsel for the appellant and learned A.G.A. and
perused the record.
The appellant has been convicted in S. T. No.355 of 1996 and sentenced
as under:–
(1) Under Section 451 I.P.C.– One year’s R.I. with a fine of Rs.500/-.
(2) Under Section 376 I.P.C.– Seven years’ R.I. with a fine of
Rs.5000/-.
(3) Under Section 506 (2) I.P.C.–One year’s R.I.
This is a third bail application.
As a new ground it is said that the appellant was arrested on 18.07.2001
and he was granted bail on 01.08.2001 i.e. about 14 days. After delivery
of judgment i.e. from 30.03.2007 till date, the appellant is in jail and as
such he has already undergone a period of imprisonment of about two
years ten months which is more than 1/3rd of the total period of
imprisonment of seven years. This period of detention has been duly
verified by learned A.G.A. after going through the lower court record.
This appeal may take a couple of years or even more in its final disposal
whereas the speedy justice is a fundamental right.
Taking a cue from the case of Kamal Versus State of Haryana reported
in 2004 SCC page 526, I therefore find it to be a fit case for granting
bail.
In view of the above, let the appellant (Anil Kumar Tiwari) be released
on bail on his furnishing a personal bond and two sureties in the like
amount to the satisfaction of the Magistrate/court concerned.
The amount of fine is not stayed. Let the same be deposited within one
month, if not already deposited, from the date of his release.
The sentence of imprisonment shall remain suspended during the
pendency of this appeal.
Order Date :- 13.1.2010
PAL/