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Judgment
14 paragraphs · 264 wordsJ. P. Gupta , J
Heard on I.A.No.12773/2020 which is fifth temporary bail application filed by the appellant under section 389 (1) of Cr.P.C. for suspension of his jail
sentence dated 28.2.2017 awarded by the Special Judge, Singrouli in S.T. No.26/2015 convicting him under Section 366, 343, 376(2) (i) of the IPC and
sentenced to undergo RI for 3 years, 4 years, 1 year and 10 years respectively and Section 5(l) r/w 6 of the POCSO Act and sentenced to RI for 10
years along with fine of Rs.10,000/- with default stipulation as mentioned in the impugned judgment.
Learned counsel for the appellant submitted that appellant is in custody since last 5 years. At present, the appellant has sought temporary suspension
of sentence and grant of bail on the ground of his marriage and the marriage is fixed on 10.12.2020. Therefore, it is prayed that the benefit of
temporary bail be granted to the appellant.
Learned Panel Lawyer has opposed the application and prayed for its rejection stating that looking to the nature of offence and period of sentence, the
appellant cannot be released on temporary bail.
Having considered the contentions of the learned counsel for the parties and on perusal of the record, in view of this Court, in such a short span, no
special report can be called or the genuineness of the matter cannot be ascertained. Therefore, this application is rejected.
In case the applicant is interested in getting married in future, he may file further application, at least two months before the date of marriage.
Accordingly, the application is dismissed.