Allahabad High Court
Dhoodh Nath vs State Of U.P. on 5 August, 2010
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
Court No. - 29 Case :- CRIMINAL APPEAL No. - 2056 of 2010 Petitioner :- Dhoodh Nath Respondent :- State Of U.P. Petitioner Counsel :- G.P. Misra 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 324 I.P.C. with three years R.I. and a fine of Rs.5000/-.
It is submitted by learned counsel for the appellant that the trial court has erred in appreciating the evidence on record. Learned counsel submits 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 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 :- 5.8.2010 kvg/-