IMTIYAZ Vs. STATE OF U P

JUDGEMENT

(1.) LIST the appeal for hearing on its turn. Heard learned counsel for the appellants and learned A.G.A. on the prayer for bail. The appellants have been convicted and sentenced in Sessions Trial No.816 of 2006 as under-- 1.Under Section 364 I.P.C.-- Ten years' R.I. with a fine of Rs.2000/- each. It is submitted that the severity of punishment is not much. It is further submitted that the nature of accusation is also not very serious. The appellant was on bail during trial which he never misused. The attention of the Court is also drawn towards the fact that the alleged incident is said to be of 09.01.2003. The report in that regard was lodged on 13.01.2003 but the appellants names did not occur in that report. Then after about nine months in an application under Section 156 (3) Cr.P.C. was moved by another brother on the basis of which a report was registered and investigation was proceeded with. In that application the alleged occurrence has been mentioned to be of 05.01.2003. It is said that the alleged kidnappee or his dead body has not been recovered till date but these points have not been properly thrashed out by the court below in the judgment in question. It is said that the appeal is pending for the last more than one month and it is likely to take a couple of years or even more in its final disposal. The appellants have every hope of success in the appeal. 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 appellants (Imtiyaz and Shahid Mamu) be enlarged on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned. However, the fine is not stayed. Let the same be deposited within one month from the date of their release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.