Shiv Kumar @ Lala vs State Of U.P.
2022 Latest Caselaw 5682 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL APPEAL No. - 7063 of 2009
 

 
Appellant :- Shiv Kumar @ Lala
 
Respondent :- State of U.P.
 
Counsel for Appellant :- V.K. Tripathi,Deepak Kumar Pandey,Dushyant Singh,Hemendra Pratap Singh,Mahesh Chand,Subhash Chandra Raghav,Swati Agrawal Srivastava
 
Counsel for Respondent :- Govt. Advovate
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Gautam Chowdhary,J.

Order on Second Bail Application No. 252535 of 2012

Heard 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 16.5.2022 of Senior Superintendent, Central Jail, Agra, appellant/applicant has undergone 12 years, 8 months and 26 days sentence pursuant to the impugned judgment and order and with remission 15 years 6 months and 17 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- Shiv Kumar @ Lala, convicted and sentenced in Sessions Trial No. 188 of 2004 under Section 364A I.P.C., Police Station Raya, District Mathura, 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 rest 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.

Order on Appeal

Office to prepare the book.

List the appeal in due course.

Order Date :- 30.6.2022

S.Prakash