Jagdish Prasad vs State

G.S. Sarraf, J.—Heard learned counsel for the appellant applicant, learned counsel for the complainant, learned Public Prosecutor for the State and perused the relevant material placed before me.

The appellant applicant has been convicted under Sections 498A, 304B IPC and he has been sentenced to rigorous imprisonment for two years and a fine of Rs.500/ and in default of payment of fine further imprisonment for 15 days u/s 498 A IPC and to rigorous imprisonment for seven years u/s 304B IPC. It appears that so far the appellant applicant has undergone imprisonment for more than three years.

Having regard to the fact that the appellant applicant has already served a substantial period of sentence and there is no likelihood of the appeal being heard early, therefore, in the facts and circumstances of the case I deem it proper to suspend the sentence of imprisonment awarded to the appellant applicant and release him on bail till the disposal of this appeal, I cite two judgments of the Hon''ble Apex Court in this regard - (2004)SCC 527 and Shailendra Kumar Vs. State of Delhi, .

Consequently, the sentence of imprisonment awarded to appellant applicant shall remain suspended during pendency of appeal and appellant applicant Jagdish Prasad son of Raja Ram Meena, resident of Korda Khurd, police station Manpur district Dausa be released on bail provided he deposits the fine and furnishes a personal bond in the sum of Rs.40,000/- with two surety bonds of Rs.20,000/- each to the satisfaction of the trial court with the stipulation to appear before this court on 20.11.2007 and thereafter, whenever called upon to do so.

Put up on 20.11.2007.