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Judgment
21 paragraphs · 355 wordsVishnu Pratap Singh Chauhan, J
Heard on this fifth application (I.A. No.11376/2020) filed under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the
appellant.
Appellant stands convicted for the offence under Sections 363, 366 and 376(2)(n) of the Indian Penal Code and has been sentenced to undergo R.I.
for 3 years with fine of Rs.1000/-, R.I. for 5 years with fine of Rs.2500/ , R.I. for 10 years with fine of Rs.25,000/-, respectively, with default
stipulations.
This fifth application has been filed on the ground that the appellant has already undergone more than half substantial period of awarded sentence.
Heard learned counsel of both the parties. Considering the facts and circumstances of the case in their entirety, particularly, the fact that at the time of
incident, the prosecutrix was 17 years old and on perusal of the whole statement of the prosecutrix, without expressing any opinion on the merits of the
case, this Court is inclined to allow I.A. No.11376/2020 and suspend further custodial awarded sentence of the appellant till disposal of this appeal.
Consequently, I.A. No.11376/2020 is allowed.
It is directed that on depositing fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 18th January,
2021 and all other subsequent dates as may be fixed by the trial Court in this regard, the remaining part of the execution of substantive jail sentence of
the appellant shall stand suspended and he be released on bail.
It is further directed that if the appellant is found indulged in any criminal activity during suspension of his jail sentence, the bail granted in this case
shall stand cancelled.
Jail authorities and State are directed to follow the guidelines issued by the Ministry of Health/State/Centre in the wake of widespread
of Novel Corona Virus (COVID-19) before and after release of the appellant from the jail.
List this case for final hearing in due course.
Certified copy as per rules.