Court No. - 28 Case :- CRIMINAL APPEAL No. - 49 of 2010 Petitioner :- Salim Respondent :- State Of U.P. Petitioner Counsel :- Suresh Chandra Shukla 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. 1156 of 2008 and sentenced as
under:–
(1) Under Section 379 I.P.C. — Three years’ R.I. with a fine of Rs.3000/-.
(2) Under Section 411 I.P.C.– Three years’ R.I. with a fine of Rs.3000/-.
(3) Under Section 413 I.P.C.– Six years’ R.I.. with a fine of Rs.6000/-.
It is submitted that the severity of punishment and nature of accusation are not
much and grave. It is also submitted that against him the alleged recovery
only of Rs.1000/-. It is said that the sentence of imprisonment of 6 years is not
commensurate to the nature of offence. During trial he was on bail which he
never misused and there is no likelihood of his committing any crime if he is
enlarged on bail in the present case. 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 (Salim) 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 :- 11.1.2010
PAL/