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Judgment
7 paragraphs · 289 wordsSanjay Dwivedi, J
Heard on I.A. No.9643/2020, which is the third application for suspension of sentence and grant of bail to the appellant. Earlier two applications have been dismissed as withdrawn.
The appellant stands convicted for the offence punishable under Sections 366 and 376 of the Indian Penal Code and sentenced to suffer R.I. for ten years with a fine of Rs.5,000/- with default stipulations. The learned counsel for the appellant submits that the appellant is in jail since 05.11.2015 and has already completed more than five years of his conviction and considering the facts of the case and also taking note of the fact that the age of the prosecutrix at the time of the incident was between 18 to 19 years and there is no likelihood of this appeal being heard on merits in near future, he prays for suspension of sentence and grant of bail to the appellant.
Considering the above and taking note of the fact that this appeal is of the year 2015 and it would take some time to be heard finally, I.A. No.9643/2020 is allowed.
It is directed that on the appellant's furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount, to the satisfaction of the trial Court for his appearance before the Registry of this Court on 27.01.2021 and on all such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to the appellant shall remain suspended and he shall be released on bail, if not required to be detained in any other case.
Accordingly, I.A. No.9643/2020 stands allowed and disposed of.
A copy of this order be forwarded to the concerned trial Court through e-mail.