SAFAT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant-appellant No. 2 Hayat and learned Additional Government Advocate on this fourth bail application moved in pending appeal. Applicant-Appellant No. 2 Hayat has been convicted in Sessions Trial No. 187 of 2002 for the offence said to have been committed by him under section 376 IPC. and has been sentenced to a term of eight years rigorous imprisonment. He has also been convicted under Section 366 IPC and sentenced to a term of four years R.I. with fine stipulation. Learned counsel for the appellants submits that applicant -appellant No.2 Hayat has already undergone about four and half years of sentence. It has been stressed by the learned counsel for applicant- appellant No.2 Hayat on the basis of report submitted by the Senior Superintendent, District Jail, Faizabad dated 3.3.2009 that applicant-appellant No.2 Hayat has already undergone four years, five months and fourteen days substantive sentence out of the total maximum sentence of eight years awarded to him under Section 376 I.P.C. He has brought on record the report of the Senior Superintendent, District Jail, Faizabad. It has been stressed, and as indicated in the report mentioned above, only two years' one month's substantive sentence remains to be undergone by the applicant. It has also been submitted by the learned counsel for the applicant-appellant No .2 Hayat that there is no likelihood of the appeal being heard in near future since the appeal is of the year 2005. Taking into consideration over all aspect of the matter, I find it a fit case for bail. Let applicant-appellant No. 2 Hayat, convict of aforesaid Sessions Trial number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Faizabad. Court below is directed to transmit to this Court photocopies of bonds and sureties filed by applicant- appellant Hayat to be preserved in the record maintained here.