Suresh vs State Of U.P.
2022 Latest Caselaw 8070 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- JAIL APPEAL No. - 192 of 2021
 

 
Appellant :- Suresh
 
Respondent :- State of U.P.
 
Counsel for Appellant :- From Jail,Divya Ojha Amicus Curie
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

Criminal Misc. Suspension of Sentence Application No. 02 of 2022.

Heard Shri Vijay Singh Sengar, learned counsel for the appellant/applicant and learned A.G.A. appearing for the State and perused the record.

The instant application has been filed under Section 389 Cr.P.C. to suspend the sentence of conviction and to release the applicant on bail in S.T. No. 214 of 2011 (State Vs. Suresh), arising from Case Crime No. 100/2009, under Section 302, 307 IPC, Police Station Ayana, District - Auraiya during pendency of the jail appeal.

The only ground taken in the aforesaid application is that the applicant is languishing in jail since 09.09.2011 and he has undergone incarceration for almost 12 years 8 months and 24 daysw; appeal is not likely to be heard and decided expeditiously; applicant is entitled to be released on bail.

Learned counsel for the applicant has placed reliance on the decision of Supreme Court rendered in Saudan Singh vs. State of U.P. decided on 25.2.2022, in Criminal Appeal No. 308 of 2022 [@ SLP (Crl.) No. 4633 of 2021].

In rebuttal, learned AGA has opposed the bail application but he has not been able to dispute the aforesaid fact.

We have perused the judgment and the 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 in respect of applicant and the applicant be enlarged on bail.

Consequently, the prayer for bail is granted. The bail application is allowed.

Without expressing any opinion on the merit of the case, let the applicant-Suresh, convicted and sentenced in aforesaid case be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.

Realization of 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.

Office to inform the concerned Jail Superintendent through Chief Judicial Magistrate concerned to ensure compliance of the order.

Order on appeal.

List this appeal in its turn for hearing.

In the meantime, registry to prepare paper book.

Order Date :- 26.7.2022

S.K.S.