Allahabad High Court
Anil vs State Of U.P. on 7 December, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:232634
Court No. - 77
Case :- CRIMINAL APPEAL No. - 6891 of 2023
Appellant :- Anil
Respondent :- State of U.P.
Counsel for Appellant :- Indra Jit Singh,Sr. Advocate
Counsel for Respondent :- G.A.
Hon'ble Mrs. Renu Agarwal,J.
1. Rejoinder affidavit filed on behalf of the appellant, which is taken on record.
2. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material brought on record.
3. The present criminal appeal has been filed against the judgment and order dated09.05.2023, passed by Additional Sessions Judge, Court No.1, Kannauj, in Sessions Trial No.766 of 2020(UPKJ010032672020) (State Vs. Ravidas @ Kariya and others), arising out of Case Crime No.392 of 2020, under section 307/34 of Indian Penal Code, Police Station Kannauj, District Kannauj and Sessions Trial No.769 of 2020(UPKJ0110032712020) (State Vs. Anil), arising out of Case Crime No.395 of 2020, under section 3/25 Arms Act, Police Station Kannauj, District Kannauj, by which the appellant has been convicted and sentenced for maximum punishment of 7 years and fine of Rs.10,000/-
4. Learned counsel for the accused-appellant submitted that the applicant is innocent and has not committed the alleged offence and the trial court misread and misinterpreted the evidence on record. This is no injury police party case. There is strong probability to succeed in the appeal.
5. Matter requires consideration.
6. Office is directed to summon the lower court record.
7. List after six weeks.
Order on Criminal Misc. Application for Suspension of Sentence No.1 of 2023
1. Heard learned counsel for the appellant-applicant, learned A.G.A. for the State and perused the material brought on record.
2. The present application under section 389(1) of Cr.P.C. has been moved on behalf of the appellant-applicant with prayer to suspend the order of conviction and sentence dated 09.05.2023, passed by Additional Sessions Judge, Court No.1, Kannauj, in Sessions Trial No.766 of 2020(UPKJ010032672020) (State Vs. Ravidas @ Kariya and others), arising out of Case Crime No.392 of 2020, under section 307/34 of Indian Penal Code, Police Station Kannauj, District Kannauj and Sessions Trial No.769 of 2020(UPKJ0110032712020) (State Vs. Anil), arising out of Case Crime No.395 of 2020, under section 3/25 Arms Act, Police Station Kannauj, District Kannauj, by which the appellant-applicant has been convicted and sentenced for maximum punishment of 7 years and fine of Rs.10,000/- and enlarged the appellant-applicant on bail.
3 . Learned counsel for the appellant-applicant submitted that the appellant-applicant is innocent and has not committed the alleged offence. It is submitted that the appellant-applicant was on bail during the trial and he never misused the liberty of bail so granted, appellant-applicant is languishing in jail since 09.05.2023. It is next contended that the appellant-applicant is not a previous convict and if he is released on bail he will not misuse the liberty of bail.
4 . On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid facts.
5. Considering the fact that appellant-applicant was on bail during the trial and he never misused the liberty of bail so granted. It is next contended that the appellant-applicant is not a previous convict and if he is released on bail he will not misuse the liberty of bail, appellant-applicant is in languishing in jail since 09.05.2023, this Court deems it proper to enlarge the appellant on bail during the pendency of the appeal.
6. Accordingly, application for suspension of sentence and release of appellant-applicant on bail during the pendency of the appeal is allowed.
7. Let the appellant-Anil convicted and sentenced in the aforesaid case be released on bail on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the Court concerned and the Court concerned shall take an undertaking from the sureties that the properties (moveable/immovable) which are the basis of accepting the surety, shall not be disposed of by him till the disposal of the appeal.
8. On acceptance of bail bonds and personal bonds, the lower Court shall transmit photostat copies thereof to this Court fore being kept on the record.
9. Appellant is directed to pay the fine imposed at the time of his release.
(Renu Agarwal,J.)
Order Date :- 7.12.2023/VKG
