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Judgment
10 paragraphs · 409 words(C.M. Application No. 126725 of 2010)
Heard Learned Counsel for the applicant-appellant and learned Additional Government Advocate on the application moved u/s 389 Code of Criminal Procedure. with respect to prayer for bail of the Appellant in pending appeal.
This appeal has been preferred by Appellant Promod against judgement and order dated 23.05.2009 passed by learned Additional Sessions Judge/ Special Judge, SC/ST (PA) Act, Hardoi in Sessions Trial No. 788 of 2000 whereby he has been convicted under Sections 376 Indian Penal Code and 3(2)(v) SC/ST Act and sentenced for a maximum term of life imprisonment with fine stipulation.
We have gone through the judgment as well as record of the court below.
As per allegation of the prosecution, the prosecutrix was subjected to rape by the accused Appellant.
Argument advanced by Learned Counsel for the Appellant is that although u/s 376 Indian Penal Code the Appellant has been convicted and sentenced for a term of seven years'' rigorous imprisonment but u/s 3(2)(v) SC/ST Act he has been convicted and sentenced for maximum term of life imprisonment which is too harsh. It has also been argued that the prosecutrix is a married lady.The Appellant has been languishing in jail for about two years. It has been submitted by Learned Counsel for the Appellant that the Appellant was on bail during the course of trial and he did not misuse the liberty of bail granted to him. further submission is that the appeal is of the year 2009 and it will take considerable long time for reaching on its logical conclusion.
If lady is married, it does mean that licence is given to a person to commit rape upon her as argued, but taking into consideration overall aspects of the matter and without commenting any further on merits of the case, we find it a fit case for bail.
Let Appellant Promod, convict of aforesaid Sessions Trial, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Hardoi.
Realization of half of the fine is stayed and remaining half of the fine shall be deposited by the Appellant within one month from the date of his release on bail.
The court below is directed to transmit to this Court forthwith photocopies of bond and sureties filed by Appellant to be preserved in the record maintained here.