Yogendra Singh vs State Of U.P.
2023 Latest Caselaw 11956 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 
Case :- JAIL APPEAL No. - 371 of 2021
 
Appellant :- Yogendra Singh
 
Respondent :- State of U.P.
 
Counsel for Appellant :- From Jail,Noor Muhammad,Uttar Kumar Goswami,Yogesh Kumar Srivastava
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Hon'ble Gajendra Kumar,J.

Heard S/Sri Uttar Kumar Goswami and Yogesh Kumar Srivastava, learned amicus curiae appearing for the appellant and learned A.G.A. for the State. Perused the record.

This jail appeal has been preferred against the impugned judgment and order of conviction dated 02.09.2019 passed by Special Sessions Judge (D.A.A), Court No.3, Firozabad in Session Trial No.30 of 2012 and 48 of 2012, arising out of Case Crime Nos.329 of 2011 and 88 of 2012, u/s 364-A I.P.C. and Section 25-A of Arms Act, Police Station-Sirsaganj, District-Firozabad, whereby the appellant has been convicted under Section 364-A IPC for life imprisonment with fine of Rs.2,00,000/- each and in default of payment of fine, appellant will undergo two years additional imprisonment, under Section 25-A of Arms Act for two years rigorous imprisonment with fine of Rs.2000/-. All the sentences shall run concurrently.

Paper book is ready.

List this appeal in the Second Week of August, 2023 for final hearing before appropriate Bench.

(Order on application for suspension of sentence)

Contention raised by learned amicus curiae appearing for the appellant is that the entire prosecution story is false and concocted. It is further submitted the appellant is in-charge for the alleged kidnapping ransom. The age of the boy is of seven years and he remained under the custody of the appellant for about three months and was eventually released after taking ransom amount of Rs.3,50,000/-.

Keeping in view of the facts and circumstances of the case and the allegation made against the appellant, we are not inclined to grant the bail.

Accordingly, the application for suspension of sentence is rejected.

Order Date :- 19.4.2023//Sanjeet