Constable 478 Shashi Bhushan ... vs State Of U.P.
2022 Latest Caselaw 20104 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL APPEAL No. - 7120 of 2009
 
Appellant :- Constable 478 Shashi Bhushan Mishra
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Ashutosh Tripathi,Pulak Ganguly,Sudhakar Pandey
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

Order on 3rd Bail Application No. 15 of 2022

Heard Sri Ajatshatru Pandey, learned counsel for the appellant/applicant and learned A.G.A. for the State and perused the record.

It is urged that as per custody certificate dated 8.5.2022 of Jailor, Central Jail, Varanasi, appellant/applicant has undergone 14 years 11 months and 23 days sentence pursuant to the impugned judgment and order and with remission 2 years 6 months and 27 days. It is urged that the appeal is not likely to be heard in near future. In support of his submission, reliance has been placed on the decisions of the Supreme Court in Saudan Singh Vs. The State of Uttar Pradesh (Criminal Appeal No.308 of 2022) and Brijesh Kumar @ Ramu Versus The State of Uttar Pradesh (Criminal Appeal No. 540 of 2022) the appellant is entitled to be enlarged on bail.

Learned AGA has strongly opposed the prayer for bail but he has not been able to dispute the aforenoted authorities.

We have perused the judgment and records of the lower court with the assistance of the learned counsel for the parties. We are of the opinion that the sentence awarded by the trial court be kept in abeyance and the appellant in consequence be enlarged on bail. Consequently, the prayer for bail is granted.

Without expressing any opinion on the merit of the case, let the appellant/applicant- Constable 478 Shashi Bhushan Mishra, convicted and sentenced in Sessions Trial No. 146 of 2007, arising out of Case Crime No.71 of 2007, under Sections 302 and 504 I.P.C., Police Station Kone, District Sonbhadra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

It is made clear that the fine imposed by the trial court in the impugned judgment and order shall remain stayed till the decision of the appeal.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.

Order on Appeal

Office to prepare the book.

List the appeal in August, 2023.

Order Date :- 6.12.2022

Arif