SUGGI LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD. Admit. Call for the lower court record. List for hearing on its turn after the record is received. HEARD learned counsel for the appellant and learned A.G.A. on the prayer for bail. The appellant has been convicted and sentenced in Sessions Trial No.30 of 2008 as under-- 1.Under Section 363 I.P.C. -Three years' R.I. with a fine of Rs.2000/-. It is submitted that the severity of punishment is not much and the nature of accusation is also not very grave. Moreover it is submitted that the radiological age of the girl has been found to be 19 years and she performed marriage with the appellant on her own sweet will. That is why she did not support the prosecution version and was declared hostile and the prosecution also did not cross examine the lady. The conviction is said to be based on the evidence of her parents. Though a charge under Section 366 I.P.C. was also framed but for want of credible evidence he was acquitted under that charge. It is said that due to poverty the appellant could not engage an experienced counsel on account of which he could not get bail during trial and as such he has already undergone a period of about one and half years out of the total period of imprisonment of three years with which he has been sentenced. Therefore, he is also entitled to get bail in view of the proposition of law laid down in the case of Kamal Versus State of Haryana reported in reported in 2004 SCC page 526. It is also submitted that the appellant has every hope to get success in the appeal which is likely to take a couple of years or even more in its final disposal. The bail is, however, opposed by learned A.G.A. In view of the aforesaid facts and circumstances and without entering into merits of the case, I find it to be a fit case for granting bail. Let the appellant (Suggi Lal) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned. However, the fine is not stayed. Let the same be deposited within two months from the date of his release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.