PRINCE SHABBIR 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.797 of 2004 as under-- 1.Under Section 366 I.P.C.--Five years' R.I. with a fine of Rs.5000/-.

(2.) UNDER Section 506 (2) I.P.C.--Three years' R.I. It is submitted that the punishment is not very severe and the nature of accusation is also not very grave. It is also submitted that as has come in the judgment in question itself the radiological age of the girl was 21 years and she was a student of L.L.B. in Lucknow University where the convict was also studying. It is said that both of them had love affair. However, on persuation of his friends and other well wishers he dropped the girl near I.T. College on the same date. It is also said 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 (Prince Shabbir) 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.