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Allahabad High Court
Idreesh & Ors. vs State Of U.P. on 3 August, 2010
Court No. - 29

Case :- CRIMINAL APPEAL No. - 2018 of 2010

Petitioner :- Idreesh & Ors.
Respondent :- State Of U.P.
Petitioner Counsel :- Himanshu Anand,Ajeet Singh
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 appellants have been convicted and sentenced

under Sections 323/336/308 I.P.C. with Five years R.I. and
a fine of Rs. 5000/- each

Submission of the learned counsel for the appellants is that
the incident took place on the spur of the moment and
injured was assaulted by throwing bricks. No specific role
has been assigned to the appellants. It is 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 appellants Idreesh, Iliyash and Iqbal 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 :- 3.8.2010
Kan


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