Allahabad High Court
Nemchandra vs State Of U.P. And Another on 17 August, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:165663
Court No. - 84
Case :- CRIMINAL APPEAL No. - 5662 of 2023
Appellant :- Nemchandra
Respondent :- State of U.P. and Another
Counsel for Appellant :- Bharat Singh
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Order on Criminal Misc. Bail 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 release of the appellant/applicant on bail during the pendency of this criminal appeal against order and judgment dated 10.05.2023 passed by the learned Additional Sessions Judge/Special Judge, SC/ST (P.A) Act, Badaun in Sessions Trial No. 798 of 2017 State Versus Nemchandra and another arising out of N.C.R. No. 378 of 2016, Case Crime No. 999 of 2016, under Sections 323/34, 325/34, 504 I.P.C. and Section 3(1) Da, Dha of SC/ST Act (Prevention of Atrocities) Act, P.S. Alapur, District Badaun whereby the appellant has been convicted under Section 325/34, 323/34, 504 I.P.C. and Section 3(1) Da, Dha of SC/ST Act and has been sentenced to undergo imprisonment for a period of three years and to pay a fine of Rs. 4000/- and in default of payment of fine, the appellant had to undergo additional imprisonment for a period of 1 month, under Section 325/34 I.P.C., imprisonment for a period of 6 months and to pay a fine of Rs. 1,000/- and in default of payment of fine, the appellant had to undergo additional imprisonment for a period of 15 days under section 323/34 I.P.C., imprisonment for a period of 6 months and to pay a fine of Rs 1,000/- and in default of payment of fine, the appellant had to undergo additional imprisonment for a period of 15 days under section 504 I.P.C. and imprisonment for a period of 6 months and to pay a fine of Rs. 1,000/- and in default of payment of fine, the appellant had to undergo additional imprisonment for a period of 15 days , under section 3(1) Da, Dha of SC/ST Act
It is argued by the learned counsel for the appellant that appellant has been convicted by the trial court under Sections 323/34, 325/34, 504 I.P.C. and Section 3(1) Da, Dha of SC/ST Act (Prevention of Atrocities) Act, P.S. Alapur, District Badaun. The maximum sentence awarded to him is three years simple imprisonment and fine under Section 325/34 I.P.C. He is on interim bail from the trial court.. Interim order is appended at page 32 of the paper book and prayer is made for bail.
Learned A.G.A. however, opposed the bail.
From the perusal of record, it is found that maximum sentence awarded to the appellant is three year imprisonment and fine under Sections 325/34 I.P.C. He is on interim bail from the trial court. Interim order is appended at page 32 of the paper book, thus a prayer is made for bail. There is no prayer for staying the realization of fine.
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-Nemchandra be released on bail in Sessions Trial No. 798 of 2017 State Versus Nemchandra and another arising out of N.C.R. No. 378 of 2016, Case Crime No. 999 of 2016, under Sections 323/34, 325/34, 504 I.P.C. and Section 3(1) Da, Dha of SC/ST Act (Prevention of Atrocities) Act, P.S. Alapur, Disdtrict Badaun 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
This appeal has been filed by the accused against the judgment and order dated 10.05.2023.
Appeal is admitted.
Notices have been served to opposite party no.2, but no one has put in appearance on behalf of the opposite party no.2
The connected File No. 6036 of 2023 has not been received. Let both the files be fixed for hearing before the appropriate bench on 22.09.2023.
Order Date :- 17.8.2023
T.S.
