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2009 Supreme(All) 1304
HIGH COURT OF ALLAHABAD
Alok Kumar Singh
GANGA RAM
Versus
STATE OF U P
Decided On : 09 April 2009
Criminal Appeal No. 878 of 2009
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
Headnote
Bail - Criminal Law - The court granted bail to the appellants based on the severity of punishment, nature of accusation, and the fundamental right to speedy justice. The court found it to be a fit case for granting bail, without entering into the merits of the case.
Fact of the Case:
The appellants were convicted and sentenced in a Sessions Trial under Section 457 I. P. C. They sought bail based on the severity of punishment, nature of accusation, and the fundamental right to speedy justice.
Finding of the Court:
The court found it to be a fit case for granting bail, considering the severity of punishment, nature of accusation, and the fundamental right to speedy justice. The court suspended the sentence of imprisonment during the pendency of the appeal.
Issues: The severity of punishment, nature of accusation, and the fundamental right to speedy justice were the key issues in the case.
Ratio Decidendi: The court's decision to grant bail was influenced by the severity of punishment, nature of accusation, and the fundamental right to speedy justice, without entering into the merits of the case.
Final Decision: The appellants were granted bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned. The sentence of imprisonment was suspended during the pendency of the appeal.
Janardan Singh,
Heard.
Admit.
Call for the lower court record.
List for hearing on its turn after the record is received.
Heard learned counsel for the appellants and learned A. G. A. on the prayer for bail.
The appellants have been convicted and sentenced in Sessions Trial No. 106 of 2007 as under--
1. Under Section 457 I. P. C.- Three years R. I. with a fine of Rs. 2000/- each.
It is submitted that the severity of punishment is not much. It is further submitted that the nature of accusation is also not very serious. During trial they were on bail which they never misused. Presently they are on interim bail. It is also submitted that speedy justice is a fundamental right but the appeal may take a couple of years or even more in its final disposal. The appellants have every hope of success in the appeal.
The bail is, however, opposed by learned A. G. A.
In view of the aforesaid facts and circumstances and without entering into merits of the case, I find it to be a fit case for granting bail. Let the appellants (Ganga Ram, Dhani Ram and Gopi Chand) be enlarged on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned.
However, the fine is not stayed. Let the same be deposited within one month from the date of their release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.
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