Allahabad High Court
Adarsh Awasthi vs State Of U.P. on 4 August, 2010
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
Court No. - 29 Case :- CRIMINAL APPEAL No. - 2043 of 2010 Petitioner :- Adarsh Awasthi Respondent :- State Of U.P. Petitioner Counsel :- Anoop Kumar Upadhyay 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 appellant has been convicted and sentenced under Section 304(2)I.P.C. with seven years R.I. and a fine of Rs. 2000/-
Submission of the learned counsel for the appellant is that the charge sheet was submitted under Section 302 I.P.C. The learned trial court has convicted the appellant under Section 304 I.P.C. as averred in para 2 of the bail application. It is further submitted that the learned trial court committed an error in appreciating the evidence on record. Learned counsel submits that it has come in evidence that the First Information Report was ascribed on the dictation of the Police Inspector. It is also 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 appellant Adarsh Awasthi 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 :- 4.8.2010 Kan