(1.) HEARD on I. A. No. 1/2008, an application for suspension of sentence and grant of bail.

(2.) THE appellant has been convicted under Section 376 (1) of IPC and sentenced to undergo R. I. for 7 years and to pay a fine of rs. 2000/- with usual default clause.

(3.) THIS is sixth bail application of the appellant, which has been filed only on the ground that the appellant has almost completed 5 years in jail out of 7 years imposed on him.

(4.) LEARNED counsel for the appellant submits that the appellant has been convicted under Section 376 (1) of IPC and sentenced to undergo R. I. for 7 years for committing rape with the prosecutrix aged less than 16 years. He further submits that he is in jail since 19. 10. 2003 and as such he has already completed 1 year and 10 months in jail.

(5.) TAKING into consideration the duration of jail sentence already undergone by the appellant and also considering that the disposal of the appeal may take some time, the application is allowed and it is directed that the jail sentence imposed upon appellant rudrapal Singh @ Bablu shall remain suspended during pendency of this appeal and he shall be released on bail his furnishing a personal bond in the sum of Rs, 10,000/- with one surety of the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 20th october, 2008. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and continue to appear there on all such dates as are given to him by the said Court till final disposal of this appeal. Application allowed.