Allahabad High Court
Anurudh Kumar vs State Of U.P. And Another on 16 August, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:164865
Court No. - 84
Case :- CRIMINAL APPEAL No. - 4623 of 2023
Appellant :- Anurudh Kumar
Respondent :- State of U.P. and Another
Counsel for Appellant :- Vinay Kumar,Sanjeev Kumar Sharma
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Order on Criminal Misc. Suspension of Sentence Application
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant bail application has been filed under section 389 (1) of Criminal Procedure Code seeking suspension of sentence and releasing of the appellant/applicant on bail during the pendency of this criminal appeal against order and judgment dated 28.03.2023 passed by learned Special Judge SC/ST Act IInd Additional District and Session Judge, Farrukhabad in Special Session Trial No. 14 of 2013, State of U.P. Vs. Anurudh Kumar arising out of Case Crime No. 44 of 2012, under Sections 323, 504, 506, 354, 452 I.P.C. and 3 (1) X SC/ST Act, Police Station Shamshabad, District Farrukhabad whereby learned trial court convicted the appellant under Section 323 I.P.C. for one year imprisonment and fine of Rs. 500/- and in default of payment of fine the accused had to undergo six months additional imprisonment and under section 504 I.P.C. for one year imprisonment and fine of Rs. 500/- in default of payment the accused had to undergo of three months additional imprisonment, under section 506 I.P.C. for one year and fine of Rs. 3000/- and in default of payment of fine the accused had to undergo three months additional imprisonment, under Section 452 I.P.C. for two years imprisonment and fine of Rs. 5000/- in default of payment of fine the accused had to undergo six months additional imprisonment, under section 354 I.P.C. for two years imprisonment and fine of Rs. 4000/- in default of payment of fine the accused had to undergo six month additional imprisonment and under section 3(1) X SC/ST Act for one years imprisonment and fine of Rs. 2000/- in default of payment of fine he had to undergo three months additional imprisonment. All the sentences against the appellant shall run concurrently. The period undergone by the appellant earlier in jail shall be adjusted in the period of sentence.
Till disposal of appeal, the suspension of sentence is also prayed. Fine is reported to have been deposited.
It is argued by the learned counsel for the appellant that vide impugned judgement dated 28.03.2023 appellant has been granted interim bail. Till today, he is on interim bail by the trial court. The maximum sentence awarded to the appellant is two year simple imprisonment under Section 452 I.P.C.along with fine of Rs. 5000/- and the whole fine has been deposited by him.
Learned A.G.A. however, opposed the bail.
From the perusal of record, it is found that appellant has been convicted under Sections 323, 504, 506, 354, 452 I.P.C. and 3 (1) X SC/ST Act and maximum sentence awarded to the appellant is two year simple imprisonment with fine of Rs. 5000/-. The appellant is on interim bail vide order dated 28.03.2023 of the trial court.
As disposal of appeal would take time, there is no allegation of misusing the bail by the applicant during trial, so considering the submission of the parties, perusal of record, period of sentence and without expressing any opinion on the merits, I find that it is a fit case for grant of bail to the appellant/applicant during the pendency of the appeal.
The bail application is allowed.
Let, the appellant-Anurudh Kumar be released on bail in Special Trial No. 14 of 2013 (State Versus Anurudh Kumar), arising out of Case Crime No. 44 of 2013, under Sections 354, 323, 452, 504, 506 I.P.C. and 3 (1) X SC/ST Act Police Station Shamshabad, District Farrukhabad on his furnishing personal bonds and two sureties each of the like amount the satisfaction of the court concerned. The order of his sentence shall remain suspended during pendency of appeal, if he furnish the bonds and the needed sureties.
So far as the prayer for staying the realization of fine is concerned, this prayer is rejected.
As soon as the personal bonds and sureties are furnished, the trial court is directed to transmit the same to this Court forthwith to be kept on the record of this appeal.
Order on Appeal
Learned counsel for the appellant is present.
Service on opposite party no.2 has been done through her mobile number mentioned in the service report, but no one has put in appearance on behalf of the opposite party no.2.
Trial court record be summoned.
List this case on 21.09.2023.
Order Date :- 16.8.2023
T.S.
