Allahabad High Court
Nasarat Beg vs State Of U.P. on 29 August, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- CRIMINAL APPEAL No. - 6494 of 2019
Appellant :- Nasarat Beg
Respondent :- State of U.P.
Counsel for Appellant :- Ahmad Ali Siddiqui,Mata Achal Mishra
Counsel for Respondent :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Order on Criminal Misc. Bail Application
Heard learned counsel for the appellant, learned Additional Government Advocate for the State of U.P. and perused the record.
This Criminal appeal under Section 374(2) of Criminal Procedure Code has been preferred by the appellant, namely Nasarat Beg against the judgment and order dated 24.09.2019 passed by the learned Additional Sessions Judge, Bareilly in Sessions Trial No. 356 of 2016 (State vs. Nasarat Beg) arising out of Case Crime No. 283 of 2015, P.S. Sirauli, District Bareilly whereby the learned Judge convicted and sentenced the appellant as under:
a. For the offence under Section 308 IPC, 5 years rigorous imprisonment, with fine of Rs. 10,000/- and in default of payment of fine, 3 months simple imprisonment.
b. For the offence under Section 504 IPC, 1 year rigorous imprisonment.
All the sentences were ordered to run concurrently.
It is submitted by the learned counsel for the appellant that the learned trial court has convicted and sentenced the appellant only on the basis of conjecture and surmises without there being any cogent and credible evidence against the appellant. Learned counsel for the appellant submits that the appellant has been in jail since 24.09.2019. The maximum sentence awarded to the appellant is of five years and the appellant has served about 02 years and 11 months out of the total sentence of 5 years. It is also submitted by the learned counsel for the appellant that due to heavy dockets, there is no likelihood of the appeal being heard in near future. Learned counsel for the appellant submitted that since the appellant has undergone half of the maximum sentence awarded by the trial court, he is entitled to be released on bail in view of the judgment of Hon'ble Supreme Court in Saudan Singh Vs. State of U.P., 2021 SCC OnLine SC 3259, wherein Hon'ble Supreme Court has held that there may be even convicts in custody in cases other than life sentence cases and in those cases again the broad parameter of 50 per cent of the actual sentence undergone can be the basis for grant of bail.
Learned A.G.A. opposed the prayer for bail by contending that prosecution has proved its case beyond reasonable doubt against the appellant but could not dispute the period of incarceration of the appellant as mentioned above.
Having heard the submissions of learned counsel for the parties, considering gravity of the offence, detention period of the appellant and the dictum of Hon'ble Supreme Court in Saudan Singh (Supra), I find that the appellant has made out a case for grant of bail .
In view of the above without expressing any opinion on merits of the case, let appellant namely, Nasarat Beg, convicted and sentenced as above, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned during pendency of this criminal appeal.
Fine shall be deposited before the trial court by appellant within a month after release from the jail.
On acceptance of his bail bonds, the lower Court shall transmit the Photostat copies thereof to this Court for being kept on record of this appeal.
Order on Memo of Appeal
As per office report dated 05.08.2020, lower court record has been received.
Office is directed to prepare paper-book.
List this case after six months for final hearing.
Order Date :- 29.8.2022
Saurabh
