Court No. - 28 Case :- CRIMINAL APPEAL No. - 2471 of 2008 Petitioner :- Raj Kumar Respondent :- State Of U.P. Petitioner Counsel :- In Person Respondent Counsel :- G.A. 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. 21 of 1998 and sentenced as
under:–
(1) Under Section 307 I.P.C.– Ten years’ R.I. with a fine of Rs.4000/-.
It is submitted that after conviction i.e. from 01.09.2006 the appellant is in jail
and as such he has already undergone a total period of imprisonment of three
years four months which is more than 1/3rd of the total period of
imprisonment of ten years. The period of detention has been duly verified by
Sri S.P. Tiwari, learned A.G.A. as also by this Court 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.
In view of the proposition of law laid down in 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 (Raj Kumar) 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 :- 11.1.2010
PAL/