Citation : 2022 Latest Caselaw 16541 ALL
Judgement Date : 10 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL APPEAL No. - 4323 of 2008 Appellant :- Chhotu Shukla @ Roop Kishore Respondent :- State of U.P. Counsel for Appellant :- S.C. Tiwari,Apul Misra,Vidhu Prakash Pandey Counsel for Respondent :- Govt. Advocate Hon'ble Suneet Kumar,J.
Hon'ble Syed Waiz Mian,J.
(order on modification application no. 10 of 2022)
It is submitted by the learned counsel for the applicant that the applicant/appellant is poor person and is languishing in jail since last 15 years, therefore, he is unable to arrange two sureties. Thus, it is prayed that the order dated 19.07.2022 may be modified to the extent. Further prayer has been made for staying the amount of fine awarded.
In view of the above, in 8th paragraph of the order dated 19.07.2022 the words "with two sureties each" is hereby deleted.
The 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 measure shall be adopted by the trial court for realization of fine. It is made clear that 50% of realization of fine imposed by the trial court in the impugned judgment and order shall remain stayed till the decision of the appeal.
The present application is disposed of and the order dated 19.07.2022 is modified, accordingly.
Order Date :- 10.11.2022
Ashish
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