BIMLA PRASAD TIWARI 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 along with Criminal Appeal No.334 of 2009. 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.594 of 1997 as under-- 1.Under Section 366 I.P.C.--Five years' imprisonment with a fine of Rs.2000/-.

(2.) UNDER Section 3(1)(X) S.C./S.T. Act- Two years' imprisonment with a fine of Rs.1000/-. It is submitted that the severity of punishment is not much and the nature of accusation is also not very grave. It is further submitted that though accusation regarding rape were also made but the learned court below found that charges under Sections 376 and 363 I.P.C. could not be proved beyond shadow of doubt and therefore acquitted the appellant under those charges. The attention of the Court is also drawn towards the fact that according to the statement of the doctor himself the prosecutrix had attained the age of majority. It is said that it is a case of consenting party. It is further added that during trial he was on bail which he never misused. It is also submitted that speedy justice is a fundamental right but the appeal may take a couple of years or even more in its final disposal. The appellant has 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 appellant (Bimla Prasad Tiwari) 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 45 days' 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.