Allahabad High Court
Shisan Kesh vs State Of U.P. on 20 May, 2022
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL APPEAL No. - 2969 of 2022
Appellant :- Shisan Kesh
Respondent :- State of U.P.
Counsel for Appellant :- Deepak Kumar Verma,Siya Ram Verma
Counsel for Respondent :- G.A.
Hon'ble Samit Gopal,J.
Order on appeal.
Heard Sri Deepak Kumar Verma, learned counsel for the appellant and Sri Gyan Prakash Singh, learned counsel for the State and perused the material on record.
Admit.
Summon the lower court records.
Order on Criminal Misc. Suspension of Sentence Application No. 1 of 2022.
This criminal appeal under Section 374 (2) Cr.P.C. has been preferred by the appellant- Shisan Kesh against the judgment and order dated 07.03.2022 passed by Additional Sessions Judge, Court No.5, Kanpur Dehat in S.T. No. 151 of 2005 (State Vs. Shisan Kesh), in Case Crime No. 71 of 2004, under Section 3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 whereby the appellant has been convicted and sentenced under Section 3(1) for a period of two years R.I. along with a fine of Rs. 5,000/-.
Learned counsel for the appellant argued that the appellant has been convicted for sentence of two years rigorous imprisonment with a fine and default clause. It is ordered that the appellant shall be entitled to the benefit of Section 428 Cr.P.C. It is further argued that the appellant has deposited the amount of fine as imposed upon him. Page 23 of the paper book being receipt of the deposit of fine has been placed before the Court. It is argued that the appellant has been granted interim bail vide order dated 07.03.2022 passed by the trial court. Page 22 of the paper book has been placed before the Court. Learned counsel has further argued that the appellant is shown to be involved in two criminal cases and in both the cases he was on bail. It is further argued that the appellant is neither the gang leader nor member of any gang. The appellant except for the cases in the gang chart and this case has no previous case nor any criminal case is pending against him. Para 6 of the affidavit in support of application for suspension of sentence has been placed before the Court. It is argued that the appellant was on bail during the pendency of trial and has not misused the liberty of bail. There are no chances of early hearing of the appeal in the near future.
Per contra, learned counsel for the State opposed the prayer for bail.
After having having heard learned counsels for the parties and perusing the records, it is evident that the conviction of the appellant is of two years only. The fine as imposed upon the appellant, has been deposited by him. He is even on interim bail granted by the trial court. He was on bail during the pendency of trial.
Looking to the facts and circumstances of this case particularly the fact that the appellant has been granted interim bail vide order dated 07.03.2022, this Court is of the view that the appellant may be released on bail.
Let the appellant- Shisan Kesh, convicted and sentenced in aforesaid case be released on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds and personal bonds, the lower court concerned shall transmit photostat copy thereof to this Court for being kept on record of this appeal.
The application for suspension of sentence is allowed.
Order Date :- 20.5.2022
M. ARIF
(Samit Gopal, J.)
