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Judgment
Vishnu Pratap Singh Chauhan, J
Heard on this fifth application (I.A. No.9430/2020) filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant
of bail to the appellant.
Appellant stands convicted for the offence under Sections 395 r/w 397 of the I.P.C., 25(1-B)(A), 27 of the Arms Act and has been sentenced to
undergo RI for 7 years with fine of Rs.2000/-, RI for 3 years with fine of Rs.500/- and RI for 3 years with fine of Rs.500/-, respectively, with default
stipulations.
Learned counsel for the appellant submits that the appellant has already undergone 5 years of his custodial awarded sentence. The jail sentence of all
other co-accused have been suspended. Learned counsel has drawn the attention of this Court to the seizure and identification of the looted property
and submits that the looted property was not identified by the victim.
Heard learned counsel of both the parties. Considering the period of incarceration, the appellant has already undergone 5 years out of 7 years
awarded sentence, in these circumstances, without commenting on merits of the case, this Court is inclined to allow I.A. No.9430/2020 and suspend
further custodial awarded sentence of the appellant till final disposal of this appeal.
Consequently, I.A.No.9430/2020 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.