VISHAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This is an application by appellant/applicant Vishal Yadav for suspending his sentence by releasing him on bail for two months on the ground that the marriage of his sister, namely, Sarika Yadav is fixed for 20th January, 2010. It is also alleged that the engagement ceremony was fixed for 26th December, 2009; Mata Ki Chowki is on 17th January, 2010 whereas marriage is fixed for 20th January, 2010 and Gurudwara wedding is on 21st January, 2010. A wedding invitation card has also been produced indicating the ceremonies for 26th December, 2009, 17th January, 2010, 20th January, 2010 and 21st January, 2010.

(2.) The applicant has also contended that the reception after the marriage ceremony is also fixed for 25th January, 2010 and Pag phera for bride (as per custom elder brother has to bring the bride for Pag phera) is fixed for 29th January, 2010. The applicant has sought interim bail for two months on the ground that necessary arrangements including financial arrangement for the marriage has to be made by him as he is the eldest family member and the father of the applicant is no more and the grandfather of the applicant is more than 80 years old and is suffering from paralysis and rather needs constant care and attention. The applicant has also pleaded that he has to do Tika, Kanyadan etc. The applicant has also disclosed that his regular bail application after his conviction by judgment dated 28th May, 2008 and order dated 30th May, 2008 passed by Additional Session Judge, Patiala House Courts, New Delhi in SC No.78/2002 arising out of case FIR No.192/2008 has already been dismissed by order dated 7th August, 2009 passed by this Court. The applicant has also relied on the fact that during the trial applicant was on bail for a period of two and a half years and he did not misuse the liberty granted to him pursuant to order dated 6th October, 2005 releasing him on bail. It is also the plea of the applicant that he is not the main assailant and has already undergone more than five years of sentence awarded to him.

(3.) An additional affidavit dated 6th January, 2010 of Sh. Vivek Yadav, younger brother of the applicant is also filed contending inter alia that he is the Pairokar of the applicant and applicant has to sell a flat No.5/421, Vaishali, Ghaziabad, which is in his name for the arrangement of the finances for the marriage and other ceremonies. On behalf of applicant it is also asserted that the applicant has a daughter aged eight years who also needs support from applicant who is the oldest male member in the family. Regarding the father of the applicant, it is stated that he died due to the mental trauma which he was facing due to conviction of the applicant.