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Judgment
8 paragraphs · 336 wordsI.A. No.5628 of 2022
Heard the learned counsel appearing for the appellant no.2, namely, Bachchu Yadav and the learned counsel appearing on behalf of the respondent State.
By way of filing this interlocutory application the appellant no.2, namely, Bachchu Yadav has renewed his prayer to release the appellant no.2 on bail after suspending the sentence.
The learned counsel appearing for the appellant no.2 namely, Bachchu Yadav submits that the appellant no.2 has remained in custody from the date of conviction i.e. 11.09.2017 and he has completed half of the sentence.
The learned A.P.P. opposes the prayer for bail.
After going through the record we find that the appellant no.2 was sentenced to undergo R.I. for 10 years. He has completed half of the sentence and also considering that there is no likelihood of this appeal to be taken up in near future for hearing, we are inclined to release appellant no.2, namely, Bachchu Yadav on bail, after suspending the sentence, during pendency of this appeal. The sentence against the appellant no.2, namely, Bachchu Yadav , is suspended and he is directed to be released on bail, during pendency of this appeal, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned 2nd Additional Sessions Judge Cum Fast Track Court (Rape Cases), Deoghar in connection with S.T.No.19/2008, arising out of Deoghar (Town) P.S.Case No.363/2006, corresponding to G.R.No.987/2006, subject to the condition that he will appear and mark his attendance once in every four months before the Judge In-charge/Registrar, Civil Court, Deoghar till the disposal of this appeal.
It is made clear that before accepting the bail bond, the court concerned shall satisfy itself as to whether the appellant no.2 has completed half of the sentence or not. If it is found that the appellant no.2 has not completed half of the sentence, the bail bond should not be accepted and the fact should be communicated to this Court immediately.
Accordingly, this interlocutory application stands allowed.