Ranjeet Basor vs State Of U.P.
2023 Latest Caselaw 12048 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 92
 

 
Case :- CRIMINAL APPEAL No. - 3207 of 2022
 

 
Appellant :- Ranjeet Basor
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Avdhesh Narayan Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mohd. Azhar Husain Idrisi,J.

Order on Criminal Misc. Suspension of Sentence Application No. 01 Of 2022 under Section 389 (1) Cr.P.C.

Heard learned counsel for the appellant and learned A.G.A. for the State.

Perused the record.

This Criminal appeal under Section 374(2) of Criminal Procedure Code has been preferred by the appellant Ranjeet Basor against the judgment and order dated 30.03.2022 passed by learned Additional District & Sessions Judge, Jalaun Orai in S.T. No. 135 of 2014 (State vs. Ranjeet Basor ) arising out of Case Crime No. 127 of 2014, P.S. Rendhar, District Jalaun by impugned judgment of conviction and sentence as under :-

a. For the offence under Section 307 IPC seven years rigorous imprisonment, with fine of Rs.4,000/- and in default of payment of fine six months additional ordinary imprisonment.

b. For the offence under Section 364 IPC seven years rigorous imprisonment, with fine of Rs.4,000/- and in default of payment of fine six months additional ordinary imprisonment.

All sentences were ordered run concurrently.

Learned counsel for the appellant submits that the appellant during trial he was on bail, therefore, appellant be granted bail during pendency of the appeal. He is languishing in jail since 30.03.2023 after conviction. He further submits that F.I.R. was lodged on 24.02.2014 at 01;30 hours, under section 307 IPC, against the appellant. During investigation, add section 364 IPC and the charge of section 364 IPC framed against the appellant. That the prosecution failed to prove all ingredients for conviction under sections 364 & 307 IPC, hence the conviction under sections 364 & 307 IPC is not sustainable in the eye of law. Further submits that the appellant undertake that he will not misuse the liberty of bail and shall remain present before the court as and when required and he will cooperate with the hearing of the appeal.

Learned A.G.A. for the State has opposed the bail application but could not dispute the aforesaid fact.

Considering the submissions advanced by the learned counsel for the parties, unlikelihood of early hearing of appeal due to heavy pendency, appellant being on bail during trial and disposal of appeal will take time, totality of facts and circumstances, at this stage without commenting on the merits of the case appellant has made out a case for grant of bail during pendency of his appeal.

Let the appellant Ranjeet Basor be released on bail in the aforesaid case on his furnishing a personal bond and two securities in the like amount to the satisfaction of trial judge concerned and appellant will cooperate in hearing of the appeal and its early disposal.

Realization of fine is not stayed.

On acceptance of bail bonds, the lower Court shall transmit the Photostat copies thereof to this Court for being kept on record of this appeal.

Order on Appeal

As per office report dated 08.07.2022, LCR has already been received.

Let paper book be prepared within two weeks.

List this appeal after 10.05.2023 for hearing.

Order Date :- 20.4.2023

Israr