SARJU @ SHERA Vs. STATE OF U.P

JUDGEMENT

(1.) This application has been filed seeking the release of the appellant on bail, who has been convicted and sentenced in S.T. No. 217 of 2011, State v. Sarju @ Sheera, Case Crime No. 837 of 2011, under sections 376, 506 I.P.C., Police Station-Aite, District-Jalaun at Orai.

(2.) Perused the record.

(3.) Submission of counsel for the appellant is that during the course of trial when the victim was examined, she did not support the prosecution case and even the first informant had also not supported the prosecution case. It was also submitted that the appellant is in jail since 22.7.2011 and he has already spent more than five years and six months in jail and there is hardly any likelihood of any early hearing of this appeal. Counsel has also submitted that in view of Section 436-A of Cr.P.C. also where the accused has undergone the period exceeding one half of the maximum punishment, he should be released on bail and therefore, the appellant deserves to be released on bail. In addition, it was also submitted that on the basis of the statement of a particular witness given under section 164 of Cr.P.C., 1973 conviction cannot be upheld.