Sunil vs State Of U.P.
2022 Latest Caselaw 153 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4676 of 2016
 

 
Appellant :- Sunil
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Vinay Saran,Akhilesh Kumar Singh,Aman Arya,Mahesh Prasad Yadav
 
Counsel for Respondent :- G.A.,M J Akhtar
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Vikram D. Chauhan,J.

(On Criminal Misc. Bail Application No. 290444 of 2016)

Heard Sri Vinay Saran, learned Senior Counsel assisted by Sri Pradeep Kumar Mishra, learned counsel for the appellant/applicant and learned A.G.A. for the State and perused the lower court record.

The instant application has been filed by the appellant/applicant Sunil with a prayer to suspend the sentence of conviction and to release him on bail in S.T. No. 1099 of 2011, Case Crime No.1208 of 2010, under section 307, 302 I.P.C., Police Station- Loni, District Ghaziabad, during the pendency of the criminal appeal.

Apart from merits, it is urged by learned counsel for the appellant/applicant that the appellant/applicant is languishing in jail since 12.08.2010 and has served sentence for more than 12 years. It is submitted that the paper book has yet not been prepared; the appeal is not likely to be heard in the near future. In support of his submission, reliance has been placed on the decisions of the Supreme Court in Pintu Saini Versus State of U.P. (Special Leave to Appeal (Crl.) No. 5845 of 2021 and Madan Singh Versus State of Madhya Pradesh (Special Leave to Appeal (Crl.) Nos. 1319 of 2018) as well as the decisions of this Court passed in Criminal Appeal No. 4711 of 2015 (Babloo Singh @ Neeraj Singh Versus State of U.P.) and Criminal Appeal No. 3827 of 2012 (Sushil Kumar Yadav @ Babloo Versus State of U.P.). Learned counsel for the appellant/applicant further submitted that the co-accused Anil alias Paina has already been enlarged on bail by a co-ordinate bench of this Court.

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

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 and the appellant/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 appellant/applicant- Sunil, 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.

The appellant/applicant is directed to deposit half of the amount of fine imposed by the trial court within one month from the date he is released on bail, failing which coercive measures shall be adopted by the trial court for realization of fine.

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.

2. Order on Appeal

Office to prepare the paper book.

List this appeal on its turn.

Order Date :- 3.3.2022

Nitendra