Mohammad Safeek Khan vs The State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5306 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 
Case :- CRIMINAL APPEAL No. - 1460 of 2022
 
Appellant :- Mohammad Safeek Khan
 
Respondent :- The State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Appellant :- Virendra Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

The instant application has been filed under Section - 389 CrPC to suspend the sentence of conviction and to release the appellant/applicant on bail in Session Trial No.10/1997, arising out of Case Crime No.481/1996, under Sections - 3 and 7 Essential Commodities Act, police station - Kurwar, District - Sultanpur during pendency of criminal appeal.

Heard learned counsel for the appellant and learned Additional Government Advocate and perused the record.

Submission of the learned counsel for the petitioner is that order of two years punishment has been passed by the court below under Section ? 3/7 Essential Commodities Act. Learned counsel for the appellant has submitted that the appellant was on bail during the trial. It is further submitted that 220 litres oil which was blue colour was not examined and no testing was done and without ascertaining the conviction order has been passed.

In rebuttal, learned AGA has opposed the bail application but he could not dispute the aforesaid facts.

I have perused the judgment and record of the lower court with the assistance of the learned counsel for the parties. I am of the opinion that the sentence awarded by the trial court be kept in abeyance in respect of appellant-applicant and the appellant-applicant be enlarged on bail.

The bail application is allowed and it is directed that the appellant-applicant - Mohammad Safeek Khan be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned of the District Judgeship of Sultanpur.

So far as the fine is concerned, the applicant is directed to deposit the 50% amount of fine imposed by the trial court concerned within a period of one month from the date he is released on bail and the remaining fine shall be stayed.

It is made clear that if the appellant-applicant fails to deposit the aforesaid fine imposed upon him, the same shall be recovered by using coercive methods.

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]

Admit.

Summon the lower court record.

List after receipt of the record.

Order Date :- 21.6.2022

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