Court No. - 28 Case :- CRIMINAL APPEAL No. - 1148 of 2008 Petitioner :- Sushil Kumar Bajpai Respondent :- State Of U.P. Petitioner Counsel :- Neeraj Sahu,Mohd. Usman Gari Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard learned counsel for the appellant and the learned AGA on the prayer
for bail and perused the lower court record.
The appellant has been convicted in S.T.No.25 of 2000 by the Additional
Sessions Judge/FTC Court No.1, Hardoi, and sentenced as under:–
(i) Under Section 498-A IPC = Two years’ R.I. and a fine of Rs.1000/-.
(ii) Under Section 304-B IPC= Eight years’ R.I.
(iii) Under Section 3/4 D.P. Act= Six months’ R.I. and a fine of Rs.500/-.
It is submitted that the appellant has already undergone more than 1/3rd of the
total period of imprisonment, the details of which are as under:–
(i) He remained in jail from 24.07.1999 to 27.03.2000 during trial = 8 months.
(ii)After conviction he remain in jail from 27.03.2008 till date=2
yrs.10months.
Thus he has already undergone a total period of 2 years and 6 months. This
period has been verified by Sri P. L. Bhatt, learned AGA on perusal of the
lower court record.
Taking a cue from the case of Kamal Versus State of Haryana, reported in
2004 SCC page 526 the learned counsel for the appellant submits that since
the appellant has already undergone about 1/3rd of the total period of
imprisonment, he may be granted bail.
In view of the above I find it a fit case for granting bail. Let the appellant
(Sushil Kumar Bajpai) 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. Photostat copies of the bail bonds be remitted to this Court for
being kept on the record of this appeal.
However, fine is not stayed. Let the same be deposited within 3 weeks from
the date of release.
Order Date :- 13.1.2010
Shaakir/