Allahabad High Court
Pappu Yadav vs State Of U.P. And Another on 25 August, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:172351
Court No. - 84
Case :- CRIMINAL APPEAL No. - 8556 of 2023
Appellant :- Pappu Yadav
Respondent :- State of U.P. and Another
Counsel for Appellant :- Narendra Kumar
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Order on Appeal
Learned counsel for the appellant is present.
This criminal appeal under Section 14-A(1) of SC/ST Act has been filed against the judgment and order dated 07.07.2023.
Appeal is admitted.
Notices be issued to opposite party no. 2
Trial Court record be summoned.
List on 04.10.2023 for hearing along with Criminal Appeal No. 7530 of 2023.
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 criminal appeal against the judgment and order dated 07.07.2023 passed in Special Session Trial. No. 206 of 2016 (State of U.P. Versus Pappu Yadav and others), arising out of Case Crime No. 425 of 2014, under Sections 323/34, 504, 506 I.P.C. and under Section 3(1) (10) SC/ST Act, Police Station Mauranipur, District Jhansi.
It is argued by the learned counsel for the appellant that appellant has been convicted by the trial court under Sections 323/34, 504, 506 I.P.C. and under Section 3(1) (10) SC/ST. The maximum sentence awarded to the appellant is three year rigorous imprisonment with fine. Appellant is on interim bail from the trial Court itself. During pendency of trial also, he was on bail, hence prayer is made accordingly.
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 323/34, 504, 506 I.P.C. and under Section 3(1) (10) SC/ST. The maximum sentence awarded to the appellant is three year rigorous imprisonment with fine. Appellant is on interim bail from the trial Court itself. During pendency of trial also, he was on bail.
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- Pappu Yadav be released on bail during pendency of the appeal in Special Session Trial. No. 206 of 2016 (State of U.P. Versus Pappu Yadav and others), arising out of Case Crime No. 425 of 2014, under Sections 323/34, 504, 506 I.P.C. and under Section 3(1) (10) SC/ST Act, Police Station Mauranipur, District Jhansi on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of the court concerned. The order of 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 Date :- 25.8.2023
T.S.
