AI Structured Summary
Not yet generated for this judgment
Judgment
Learned counsel for the rival parties are heard through video conferencing.
This criminal appeal assails the judgment dated 25.09.2009 passed in S.T.No.28/2007 by 1st Additional Judge to the court of 1st Additional Sessions Judge Sheopur whereby the appellant No.7-Kalli has been convicted as under:
Section
Imprisonment
Fine
376(2)(G) of IPC
L.I.
Rs. 2000/- with default stipulation
363 of IPC
2 Years R.I.
Rs. 1000/- with default stipulation
366 of IPC
3 Years R.I.
Rs. 1000/- with default stipulation
306 of IPC
4 Years R.I.
Rs. 2000/- with default stipulation
I.A.No.5590/2020, 6th repeat application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant No.1-Balwant @ Neta after dismissal of earlier one as withdrawn is taken up and considered.
Appellant for the offence of gang-rape has been sentenced for life. Appellant is in custody since about 13 years.
Considering the prolonged period of custody and the special circumstances of ongoing Covid-19 pandemic and that there is no hope of this appeal coming up in the near future for final hearing, this Court is inclined to grant bail to the appellant No.1-Balwant @ Neta by way of suspension of sentence.
Accordingly, without expressing any opinion on merits, I.A. No.5590/2020 is allowed and it is directed that the jail sentence of appellant No.1-Balwant @ Neta will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of CJM concerned for his appearance before concerned CJM on 17/12/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once in a year.
In case, appellant is found absent on any date fixed by CJM concerned then the said Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.