Allahabad High Court
Suryanath Singh vs State Of U.P. on 18 April, 2023
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 49
Case :- CRIMINAL APPEAL No. - 4003 of 2023
Appellant :- Suryanath Singh
Respondent :- State of U.P.
Counsel for Appellant :- P.K. Singh,Manoj Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
(Order on memo of appeal)
Heard Mr. P.K. Singh, the learned counsel for appellant and the learned A.G.A. for State.
Admit.
Summon the lower Court record.
(Order on application for suspension of sentence)
Heard Mr. P.K. Singh, the learned counsel for applicant-appellant and the learned A.G.A. for State.
Perused the record.
Applicant-appellant has been convicted and sentenced under Section 409 I.P.C. with five years rigorous imprisonment along with fine of Rs. 50,000/- and in case of default applicant-appellant is to undergo six months additional imprisonment, under Section 467 I.P.C. with five years rigorous imprisonment along with fine of Rs 50,000/- and in case of default, applicant-appellant is further undergo to six months rigorous imprisonment, under Section 468 I.P.C with 3 years rigorous imprisonment along with fine of Rs. 10,000/- and in case of default, applicant-appellant is to undergo six months additional rigorous imprisonment, under Section 471 I.P.C. with two years rigorous imprisonment along with fine of Rs. 10,000/- and in case of default, applicant-appellant is to undergo six months additional rigorous imprisonment, under Section 120B I.P.C. and sentenced to six months simple imprisonment. Apart from the above, the applicant-appellant has also been convicted under Section 13(2) Prevention of Corruption Act and accordingly sentenced to 4 years rigorous imprisonment along with fine of Rs. 20,000/- and in case of default, applicant-appellant is to undergo 6 months additional rigorous imprisonment.
All these sentences are to run concurrently.
Applicant-appellant was on bail during trial. He surrendered before the Court below on 05.04.2023. As the applicant-appellant was convicted and sentenced by means of judgment and order dated 06.04.2023, he was accordingly taken into custody.
In view of the above, applicant-appellant has filed aforementioned application for suspension of sentence.
Learned counsel for applicant-appellant submits that the applicant-appellant is an old man aged about 80 years. He has invited the attention of the Court to the document occurring at page 29 of the paper book, which is the Aadhar Card of applicant-appellant. It is then contended that there is no possibility of the appeal being heard in near future.
Attention of the Court was also invited to the provisions contained in proviso to Section 437 Cr.P.C. On the cumulative strength of above, he submits that the applicant-appellant is liable to be enlarged on bail, during the pendency of appeal.
Per contra, the learned A.G.A. has opposed the present application for bail. He submits that the applicant-appellant is a convicted accused therefore, he does not deserve any indulgence by this Court. However, he could not dislodge the factual submissions urged by the learned counsel for applicant-appellant at this stage.
Having heard the learned counsel for applicant-appellant, the learned A.G.A for State and upon perusal of record accusation/complicity of the applicant-appellant, this Court finds that the applicant-appellant is an old man aged about 80 years, there is no possibility of the appeal being heard in the near future, applicant is a man of clean antecedents in as much as he has no criminal history to his credit except the present one, applicant-appellant has made out a case for bail.
Let the applicant-appellant, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The amount of fine awarded by court below shall be deposited by applicant-appellant with the court below within a period of one month from today failing which the bail granted to applicant-appellant shall stand cancelled and applicant-appellant shall be taken into custody forthwith to serve out the same.
Order Date :- 18.4.2023/Imtiyaz
