Sanjay Diwedi vs State of U.P.

Alok K. Singh, J.

Supplementary affidavit filed today is taken on record.

List this appeal for hearing on its turn.

Heard learned counsel for the appellant and learned A.G.A. on the prayer for bail.

The appellant has been convicted and sentenced in Sessions Trial No.216 of 2005 as under

1.Under Section 304B I.P.C.Twelve years'' R.I.

2.Under Section 498A I.P.C.Two years'' R.I.

3.Under Section 323/34 I.P.C. Six months'' imprisonment.

4.Under Section 506 I.P.C.Three years'' imprisonment.

5.Under Section 3/4 D.P. ActOne year''s imprisonment.

It is submitted that the severity of punishment and nature of accusation is not very much and grave. It is also submitted that the appellant was arrested on 08.04.2005 and since then he is in jail and as such he has already completed more than four years out of the total period of imprisonment of twelve years. The period of detention has also been verified by learned A.G.A. Taking a cue from the case of Kamal Versus State of Haryana reported in 2004 SCC page 526 it is, therefore, requested that he may be enlarged on bail. It is also submitted that the appellant has every hope to get success in the appeal which is likely to take a couple of years or even more in its final disposal.

The bail is, however, opposed by learned A.G.A.

In view of the aforesaid facts and circumstances and without entering into merits of the case, I find it to be a fit case for granting bail. Let the appellant (Sanjay Diwedi) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.

No fine has been awarded in this case by the court below. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.