Suman Pathak And Anr. vs State Of U.P.
2022 Latest Caselaw 15016 ALL

Citation : 2022 Latest Caselaw 15016 ALL
Judgement Date : 21 October, 2022

Allahabad High Court

Suman Pathak And Anr. vs State Of U.P. on 21 October, 2022

Bench: Suneet Kumar, Syed Waiz Mian




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL APPEAL No. - 6687 of 2019
 

 
Appellant :- Suman Pathak And Anr.
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Utsav,Ananya Upadhyay,Rakesh Chandra Upadhyay,Sheo Kinkar Singh,Suryaprakash Sharma,Viresh Misra (Sr.Advocate)
 
Counsel for Respondent :- G.A.,Prashant Pandey
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

Order on Civil Misc. (Bail) Application No. 1 of 2019

Heard Shri Sushil Kumar Dwivedi, learned counsel for the appellants-applicants and learned A.G.A. for the State.

The instant application in appeal has been filed under Section 389 Cr.P.C. to suspend the sentence of conviction and to release the appellants-applicants on bail in S.T. Nos.15 of 2009, 17 of 2009 & 18 of 2009, Case Crime Nos.122 of 2008, 124 of 2008 & 125 of 2008 (State Vs. Suman Pathak and others), under Sections 394, 302 I.P.C. & under Section 25 Arms Act, Police Station Dhata, District Fatehpur, during the pendency of the criminal appeal.

Learned counsel for the applicants submitted that applicants have undergone incarceration for almost 8 and half years; it is further submitted that there is contradiction in the statement of P.W.1 with regard to the time of the incident. In the circumstances, it is urged that prima facie the finding returned by the trial court is per se perverse and against the evidence on record.

Learned A.G.A. has opposed the prayer for bail and submits that it is not in public interest to enlarge the applicants on bail.

We have perused the judgment and the records of the lower court with the assistance of the learned counsel for the parties; the contradiction as has been alleged was not contradicted by the defence in cross-examination; further, P.W.2, who also cames to be eye witness and has supported the prosecution version. We do not find it a fit case for suspending the sentence and enlarging the appellants-applicants-Suman Pathak & Munna alias Pappu on bail in the aforesaid case.

Accordingly, the application under Section 389 Cr.P.C. is rejected.

Order on Appeal

Office to prepare the paper book, if not prepared.

List in July 2023 for hearing.

Order Date :- 21.10.2022

Shivangi