Allahabad High Court
Khurshid Khan @ Khurshid Ahamad ... vs State Of U.P. And Another on 24 August, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:171165
Court No. - 84
Case :- CRIMINAL APPEAL No. - 3879 of 2023
Appellant :- Khurshid Khan @ Khurshid Ahamad Khan
Respondent :- State of U.P. and Another
Counsel for Appellant :- Rajesh Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Order on Appeal
Learned counsel for the appellant and learned A.G.A. are present.
This appeal has been filed under Section 14-A(1) SC/ST Act.
Trial court record is still awaited.
Let a reminder be sent to the trial court for summoning the trial court record.
No one has put in appearance on behalf of the opposite party no.2 despite of sufficient service of notice.
List this appeal on 03.10.2023 for hearing.
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 the judgment and order dated 18.03.2023 passed in Session Trial No. 259 of 2004 ( State Vs. Khurshid Khan @ Khurshid Ahmad Khan), arising out of Case Crime No. 1357 of 2001, under Sections 323, 504, 506, 295A, 153B I.P.C., Police Station Civil Lines, District Rampur. The prayer is also made for suspension of sentence and stay of realization of fine.
It is argued by the learned counsel for the appellant that appellant has been convicted by the trial court under Sections 323, 504, 506, 295A, 153B I.P.C. The maximum sentence awarded to the appellant is one year simple imprisonment with fine. Appellant is on interim bail from the trial Court itself. During pendency of appeal also, he was on bail, hence prayer is made accordingly. Fine is said to have been deposited.
Learned A.G.A. however opposed the prayer.
From the perusal of record, it is found that appellant has been convicted by the trial court under Sections 323, 504, 506, 295A, 153B I.P.C. The maximum sentence awarded to the appellant is one year simple imprisonment with fine. Appellant is on interim bail from the trial Court itself. During pendency of trial also, he was on bail. Fine is said to have been deposited.
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- Khurshid Khan @ Khurshid Ahamad Khan be released on bail during pendency of the appeal in Session Trial No. 259 of 2004 ( State Vs. Khurshid Khan @ Khurshid Ahmad Khan), arising out of Case Crime No. 1357 of 2001, under Sections 323, 504, 506, 295A, 153B I.P.C., Police Station Civil Lines, District Rampur on his furnishing personal bonds and two sureties each of the like amount to 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.
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 Date :- 24.8.2023
T.S.
