Full Judgment
Criminal Appeal No.290/2010 16.10.2012 Shri Sudeep Patel, learned counsel for the appellant.
Shri S.K.Shrivastava, learned Panel Lawyer for the State.
Heard on IA No.20554/12, appellant's repeat application for suspension of his remaining jail sentence and grant of bail as he has been convicted and sentenced under Sections 392 r/w Section 397, 506- II of IPC for RI seven years with fine of Rs.1000/- and RI one year with fine of Rs.500/- respectively under such Sections.
His earlier applications in this regard was dismissed as withdrawn, vide orders dated 12.5.2010 and 25.4.2011.
Accordingly no such application has been considered on merits.
Having heard, perused the record taking into consideration the nature of the evidence led by the prosecution alongwith the period of 136 days suffered by the appellant in judicial custody during the trial, so also the period of two years and nine months suffered by the appellant since the date of the impugned judgment, i.e.6.1.2010 till today, without expressing any opinion on merits of the matter, the IA is allowed and subject to verification of depositing the fine amount the remaining jail sentence of the appellant is hereby suspended.
It is further directed that on furnishing a personal bond of Rs.30,000/- (Rs.thirty thousand) along with one surety in the like amount to the satisfaction of the trial Court by the appellant- Mohd.
Majhar @ Ajahar @ Saddam shall be released on bail with a further direction to remain present in the Registry of this Court on 17.12.2012 and on such other dates as are fixed by the office in this regard till disposal of this appeal.
C c as per rules.
(U.C.Maheshwari) Judge bks