Court No. - 28 Case :- CRIMINAL APPEAL No. - 56 of 2010 Petitioner :- Azimulla @ Dallay @ Alimullah Respondent :- State Of U.P. Petitioner Counsel :- Rajan Singh Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard.
Admit.
Call for the lower court record and list for hearing on its turn when the
record is received.
Heard the learned counsel for the appellant and learned A.G.A. on the
prayer for bail and perused the record.
The appellant has been convicted in S.T. No. 11 of 2008 and sentenced
as under:–
(1) Under Section 363 I.P.C. — Three years’ R.I. with a fine of
Rs.1000/-.
It is submitted that the severity of punishment and nature of accusation
are not much and grave. It is also submitted that during trial he was on
bail which he never misused till date. Presently he is on interim bail.
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, let the appellant (Azimulla @ Dallay @
Alimullah) 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.
The amount of fine is not stayed. Let the same be deposited, if not
already deposited within three weeks from the date of his release.
In view of the above, the period of imprisonment shall remain
suspended during the pendency of this appeal.
Order Date :- 12.1.2010
PAL/