SATYA PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) LIST this appeal for hearing on its turn. 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.597 of 2000 as under-- 1.Under Section 397 I.P.C.--Ten years' R.I. with a fine of Rs.10,000/-. It is submitted that the severity of punishment is not much. It is further submitted that the nature of accusation is also not very grave. It is also submitted that in the affidavit dated 26.03.2009 it has been claimed that the appellant was arrested in this case on 25.11.1995 and he was released on 02.03.1996. Thereafter during trial he was again taken into custody on 05.07.2005 and since then he is behind the bars. Thus he has already completed four years two months out of the total period of imprisonment of ten years with which he has been sentenced. The period of detention has also been verified by learned A.G.A. after going through the lower court record. 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 (Satya Prakash) 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.