- (1.) S. K. Agarwal, J. Heard learned counsel for the appellant and learned A. G. A.
(2.) WHILE admitting the appeal this Court directed that the plea of bail be considered after receipt of the lower Court record. The record has now been received and the following facts assume significance so far as consideration of bail is concerned. The appellant is husband of the deceased. He had his hands also burnt in an attempt to save his wife while she was burning. He had also taken her to the hospital and admitted her at about 3. 00 a. m. , but she died as a consequence of severe burn injuries on the next morning at 7. 00 a. m. There is no evidence of any dying declaration having been recorded. He had also communicated the information of her death to her parents. The only fact which is missing is that he did not go to the police station to lodge any report. However, taking into consideration the above said facts and circumstances and the length of incarceration, which the appellant thus for has suffered right from the dates of investigation till his conviction and pendency of this appeal since 21-3-2003. The above said order calling for the record was passed on 24-3-2003. Thus, near about a year is going to elapse since the filing of this appeal. He is in jail since 25-3-2001. In view of the facts stated above and since hearing of this appeal cannot be taken up in the near future or in any proximal length of time. I find that the length of incarceration is sufficient enough to let this appellant be enlarged on bail. Therefore, the appellant, convicted and sentenced in S. T. No. 205 of 2001, State v. Ramesh Kumar & another, be enlarged on bail, during pendency of this appeal, on his furnishing a personal bond in the amount of Rs. 30,000/- with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Sultanpur. .;