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Judgment
G.S. Ahluwalia, J
Heard on I.A. No.6931/2021. This is first application under Section 389 of CrPC for suspension of sentence and grant of bail to appellant.
The appellant has been convicted and sentenced as under:-
Section
Act
Imprisonment
Detail of fine/if deposited
Imprisonment in lieu of fine
376(2)(N)
IPC
10 years RI
Rs.1,000/-
3 months RI
Undisputedly, the prosecutrix is major. She had moved from one place to another by public conveyance and although she has stated in cross-examination that she had raised alarm at different places, but no one took note of that, cannot be accepted. The appellant is in jail from 19.05.2017, i.e., for more than three and half years. The appellant is aged about 62 years. Hearing of this appeal is likely to take sufficiently long time and the appellant undertakes to appear before the Registry of this Court regularly without any fail.
Per contra, the application is opposed by the counsel for the State.
Considering the facts and circumstances of the case, subject to deposit of fine amount, it is directed that the remaining jail sentence of the appellant shall remain suspended and he is directed to be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) along with one surety of the like amount to the satisfaction of the Trial Court. The appellant shall appear before the office of this Court on 22.12.2021 and on subsequent dates given by the Office for appearance till the disposal of the present appeal.
Certified copy as per rules.