BASHEER Vs. STATE OF U P

JUDGEMENT

(1.) HEARD. Admit. Call for the lower court record. List for hearing on its turn when 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.297 of 2005 as under-- 1.Under Section 498-A I.P.C.--Two years' R.I. with a fine of Rs.1000/-.

(2.) UNDER Section 306 I.P.C.--Seven years' R.I. with a fine of Rs.3000/-. It is submitted that the severity of punishment and nature of accusation is not very much and grave. It is also submitted that the appellant is in jail from March, 2005 and he has already completed about four years out of the total period of imprisonment of seven years. The period of detention has also been verified by learned A.G.A. Taking a cue from the case of Kamal Versus State of Haryana reported in 2004 SCC page 526 it is, therefore, requested that he may be enlarged on bail. 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 (Basheer) 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.