VIKAS YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application by the appellant/vikas Yadav for suspension of his sentence and his release on interim bail for a period of one month to attend the marriage ceremonies of his sister Ms. Bharti Singh. The appellant had been convicted for the offence of abducting and murdering Nitish Katara and causing disappearance of evidence by burning his dead body under sections 364/302/201/34 of IPC. He has been sentenced to undergo life imprisonment for the offence under Section 302/34 of IPC with a fine of Rs. 1 lac and in default of payment of fine to undergo simple imprisonment of one year. He has been sentenced to undergo imprisonment for ten year for the offence under Section 364/34 of IPC with a fine of Rs. 50,000/- and in default of payment of fine to undergo simple imprisonment of six months and he has also been sentenced to undergo imprisonment for five years for the offence under Section 201/34 of IPC with a fine of Rs. 10,000/- and in default of payment of fine to undergo simple imprisonment of three months.

(2.) THE applicant has contended that he has undergone continuous incarceration of more than 7 years 7 months and his conduct has been satisfactory during this period. His application for regular suspension of sentence and his release on bail sought by Crl. M. B No. 1381/2008 had been dismissed by order dated 7th august, 2009.

(3.) THE plea of the applicant is that his real sister Bharti Singh has to marry mr. Yatin s/o. Sh. Raj Kumar Yadav and the functions relating to marriage ceremonies are on 20th October, 2009, Bhajan Sandhya; Cocktail Party cum dinner on 24th October, 2009 at Hotel Monarch in Chandigarh; lagan ceremony at Vatika grand, Gurgaon on 26th October, 2009; Ladies Sangeet party also at Hotel monarch at Chandigarh on 28th October, 2009; marriage on 1st November, 2009 at jhankar Garden, 555, M. G. Road, New Delhi-110030 and reception ceremony at Village and Post Office Dulana, District Mahendergarh, Haryana on 8th November, 2009.