ORDER :

Order on Criminal Misc. 1st Bail Application No. 4 of 2022

1. Heard learned Amicus Curiae for the appellant-applicant, learned A.G.A. for the State and perused the record.

2. The instant application under Section 389 Cr.P.C. has been preferred with the prayer to suspend the sentence of conviction and to release the appellant-applicant on bail in S.T. No. 464 of 2014 (State Vs. Bhura Singh), arising out of Case Crime No. 722 of 2014, under Section 376 I.P.C. and Section 5(N)/6 of Protection of Children from Sexual Offences Act, 2012, Police Station Sector-49, District Gautambudh Nagar, during the pendency of the criminal appeal.

3. It is submitted by learned Amicus Curiae for the appellant-applicant that the appellant-applicant has been convicted for 10 years by the impugned judgment and as per custody certificate dated 7.6.2022 of Superintendent, District Jail, Gautam Budh Nagar, appellant-applicant has undergone incarceration with remission 8 years 8 months and 22 days. The appellant-applicant is languishing in jail since 27.3.2014.

4. It is submitted that the provisions of Section 436A Cr.P.C. have been made applicable to the pending appeals against the order of convictio