Allahabad High Court
Faizan And 3 Others vs State Of U.P. on 23 June, 2022
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL APPEAL No. - 4217 of 2022
Appellant :- Faizan And 3 Others
Respondent :- State of U.P.
Counsel for Appellant :- Jitendra Pal Singh,Pradeep Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Deepak Verma,J.
Order on Appeal
Admit.
Issue Notice.
Summon the lower court record.
Re: Crl. Misc. Suspension of Sentence Application No.1 of 2022
Heard learned counsel for the appellants, learned A.G.A. appearing for the State and perused the material placed on record.
Present bail application has been moved on behalf of the appellants who have been convicted in Crl. Case No.284 of 2018 arising out of Case Crime No. 260 of 2018, under Sections 147, 323/149, 354, 452, 336, 504, 506 I.P.C., P.S. Kotwali, District Pilibhit and sentenced to undergo 2 years simple imprisonment and fine of Rs.2000/- for offence under Section 147 IPC each in case of default of payment of fine, one month further imprisonment. For offence under Sections 323 readwtih 149 IPC they were sentenced to undergo 1 year simple imprisonment and fine of Rs.500/- each in case default of payment of fine 15 days further imprisonment. For offence under Section 354 IPC, they were sentenced to undergo 2 years simple imprisonment and fine of Rs.5000/- each in case of default of payment of fine two months further imprisonment. For offence under Section 452 IPC, they were sentenced to undergo 3 years simple imprisonment and fine of Rs.10,000/- each in case of default of payment of fine 3 months further imprisonment. For offence under Section 336 IPC, they were sentenced to undergo 3 months simple imprisonment and fine of Rs.250/- each in case of default of payment of fine 7 days further imprisonment. For offence under Section 504 IPC they were sentenced for 2 years simple imprisonment and fine of Rs.3000/- each in case of default of payment of fine one month further imprisonment. Lastly for offence under Section 506 IPC they were sentenced to undergo 2 years simple imprisonment and fine of Rs.3000/- each in case of default of payment of fine one month further imprisonment.
Learned counsel for the appellants submitted that during trial the applicant was on bail and after conviction trial court released the applicant on interim bail vide order dated 6.6.2022.
Since the appellants were on bail and have not misused the bail granted during trial the appeal is not likely to be heard in near future. It has also been submitted that in case, on being released on regular bail, the appellants will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail and submitted that appellants are not entitled for bail. There is no illegality and infirmity in passing the impugned judgment.
Having considered the rival submissions and the facts, since the appeal cannot be taken up and disposed of expeditiously in near future and during trial appellants have not misused the bail, without expressing opinion on the merits, I am of the view that the appellants Faizan, Yunus, Rase @ Riyasat Ali and Phool Babu @ Kadeer Ali have made out a case for release on bail pending disposal of the appeal.
Let the accused appellants Faizan, Yunus, Rase @ Riyasat Ali and Phool Babu @ Kadeer Ali be released on bail in the above case on furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to furnishing undertaking that they will cooperate in the hearing of the appeal.
The appellants are directed to deposit 50% of the amount of fine imposed by the trial court within one month from the date of their release on bail and the realization of rest 50% fine shall remain stayed during pendency of the appeal.
On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Order Date :- 23.6.2022
Deepika
