Court No. - 29 Case :- CRIMINAL APPEAL No. - 2042 of 2010 Petitioner :- Kariya & Ors. Respondent :- State Of U.P. Petitioner Counsel :- G.S. Verma 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 appellants 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 Section 325/34 I.P.C. with Two years S.I. and a fine of
Rs. 1500/- each
Submission of the learned counsel for the appellants is that
there are general allegation against all the appellants for
causing injuries by lathi, danda. It is also submitted that
there is no cogent evidence on record to convict the
applicants. It is submitted that during the trial the appellant
was on bail which he never misused. It is further submitted
that the appellant 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, the execution of the sentence including
sentence of fine under appeal shall remain suspended till the
final disposal of the appeal.
Let the appellants Kariya, Ram Moorat, Shiv Ram and Ram
Soorat be released on bail on their furnishing a personal
bond and two sureties each in the like amount to the
satisfaction of the Magistrate/Court concerned.
Order Date :- 4.8.2010
Kan