Allahabad High Court
Smt. Haseena @ Noor Jahan & Another vs State Of U.P. on 6 August, 2010
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
Court No. - 29 Case :- CRIMINAL APPEAL No. - 2073 of 2010 Petitioner :- Smt. Haseena @ Noor Jahan & Another Respondent :- State Of U.P. Petitioner Counsel :- S.K. Singh Kalhans 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 304(II) I.P.C. - Five years R.I. Submission of the learned counsel for the appellants is that scuffle took place between elders and children in which both the sides used fists and legs to cause injuries. It is also submitted that the trial court erred in appreciating the evidence on record. It is further submitted that during the trial the appellants were on bail which they 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 under appeal shall remain suspended till the final disposal of the appeal.
Let the appellants Smt. Haseena @ Noor Jahan and Jameel 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.
On acceptance of bail bonds and personal bond, the lower court shall transmit photo stat copies thereof to this court for being kept on the record of this appeal.
Order Date :- 6.8.2010 Kan