Allahabad High Court
Anuj vs State Of U.P. on 21 April, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- CRIMINAL APPEAL No. - 1220 of 2023
Appellant :- Anuj
Respondent :- State of U.P.
Counsel for Appellant :- Kshitij Shailendra,Abhay Mishra
Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Order on Bail Application
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
This appeal arises out of impugned judgement and order dated 28.09.2022 passed by learned Additional Sessions Judge Court No. 1, Shahjahanpur in Sessions Trial No. 1891 of 2003 (State Vs. Anuj) arising out of Case Crime No. 163 of 2003, under Section 307 IPC, Police Station Sadar Bazar, District Shahjahanpur, convicting the accused appellant and sentencing him under Section 307 I.P.C to undergo rigorous imprisonment for 5 years with a fine of Rs. 5,000/-, in default thereof, to undergo six months additional rigorous imprisonment as well as Session Trial No. 1892 of 2003 (State Vs. Anuj) under Section 25(1-B) of Arms Act for 3 year imprisonment with fine of Rs. 2,000/- and in default of payment of fine he will further undergo for one month additional imprisonment. The bail application of the appellant is being disposed of by this order.
In this application, the appellant seeks suspension of sentence and grant of bail.
Submission is, the applicant has been wrongly convicted. In any case, plea of juvenility has also been set up. Owing to lack of financial means, it has been submitted, the appellant could not avail any legal remedies, at the relevant time. Leaving the issue of juvenility, it is seen that at present, the appellant has remained confined for more than six months since the judgment and order and further he may have remained confined for another six months during trial till he was enlarged on bail. Considering the period of sentence undergone and the entirety of facts and circumstances of the case and further keeping the mind the lack of criminal history, it is seen that the appellant has remained confined since 26.09.2022 and there is no hope of early conclusion of appeal proceedings.
Considering the totality of the case, in light of the nature of evidence available on record, detention period of the appellant, the fact that the appeal may take some time for its final disposal, without further commenting on the merits of the case, I am inclined to release the appellant on bail. Let appellant Anuj convicted and sentenced in the above mentioned session trial be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned. On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
The realization of the fine shall remain stayed during the pendency of the appeal.
Order on Appeal
Admit.
Summon the lower court record.
List the appeal for final hearing in due course.
Order Date :- 21.4.2023
Ashutosh
