Vijay Pratap Singh And Another vs State Of U.P.
2022 Latest Caselaw 15886 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL APPEAL No. - 3165 of 2014
 
Appellant :- Vijay Pratap Singh And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Uday Shankar Tiwari,Bhavya Sahai,Brijesh Sahai,Rakesh Pande
 
Counsel for Respondent :- Govt.Advocate,Ravindra Kumar Yadav
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

(Order on Criminal Misc. Second Bail Application (Supplementary Affidavit No. 10 of 2022)

Heard Ms. Bhavya Sahai, learned counsel for the applicant/appellant and learned A.G.A. for the State and perused the record.

The instant application under section 389 Cr.P.C. has been preferred with the prayer to suspend the sentence of conviction and to release the applicant on bail in Session Trial No. 72 of 2010, arising out of Case Crime No. 667 of 2009, under section 302/149 and 148 I.P.C., Police Station Mehnagar, District Azamgarh, during the pendency of the criminal appeal.

It is informed that the applicant is in jail and as per custody certificate he has undergone incarceration for almost 8 years 5 months; appeal is not likely to be heard and decided in near future. It is further submitted that co-accused has been enlarged on bail. Having regard to the length of incarceration the applicant 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 the records of the lower court with the assistance of the learned A.G.A. We are of the opinion that the sentence awarded by the trial court be kept in abeyance and the applicant be enlarged on bail.

Consequently, the prayer for bail is granted.

Without expressing any opinion on the merits of the case, let the applicant- Vijay Pratap Singh, convicted and sentenced in aforesaid case be released on bail on their furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

It is made clear that 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.

Office to send a copy of this order to the concerned Jail Superintendent through the Chief Judicial Magistrate concerned for compliance.

(Order on Appeal)

List in July 2023 for hearing.

Office to prepare the paper book, if already not prepared.

Order Date :- 3.11.2022

Arif