Rakesh Dwivedi And Another vs State Of U.P.
2023 Latest Caselaw 1146 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 91
 

 
Case :- CRIMINAL APPEAL No. - 5514 of 2021
 

 
Appellant :- Rakesh Dwivedi And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Shyam Sunder Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mohd. Azhar Husain Idrisi,J.

Order on Criminal Misc. Suspension of Sentence under Section 389 (1) Cr.P.C.

Heard learned counsel for the appellants and learned A.G.A. for the State.

Perused the record.

This Criminal appeal under Section 374(2) of Criminal Procedure Code 1973 has been preferred by the appellants Rakesh Dwivedi and Rajesh Dwived against the judgment and order dated 23.11.2021 passed by learned Special Judge, S.C./S.T. (P.A.) Act/ Additional Sessions Judge, Fatehpur in Special S.T. No. 87 of 2013 (State of U.P. vs. Rakesh Dwivedi & another) arising out of Case Crime No. 239 of 2012, P.S. Bindki, District Fatehpur by impugned judgment of conviction and sentence as under :-

a. For the offence under Section 307/34 IPC five years rigorous imprisonment, with fine of Rs.10,000/- each and in default of payment of fine six months additional simple imprisonment.

Learned counsel for the appellants submits that appellants were on bail during trial and presently they are languishing in jail since 23.11.2021, therefore, appellants be granted bail during pendency of the appeal. He further submits that appellants undertake that they will not misuse the liberty of bail and shall remain present before the court as and when required and they will cooperate with the hearing of the appeal.

Learned A.G.A. for the State has opposed the bail application but could not dispute the aforesaid facts.

Considering the submissions advanced by the learned counsel for the parties, unlikelihood of early hearing of appeal due to heavy pendency and disposal of appeal will take time, totality of facts and circumstances, at this stage without commenting on the merits of the case appellants have made out a case for grant of bail during pendency of their appeal.

Let the appellants Rakesh Dwivedi and Rajesh Dwived be released on bail in the aforesaid case on their furnishing a personal bond and two securities in the like amount to the satisfaction of trial judge concerned and appellants will cooperate in hearing of the appeal and its early disposal.

Half of the fine shall remain stayed till the disposal of the appeal. Remaining fine shall be deposited before the trial court by the appellants within two months.

On acceptance of their bail bonds, the lower Court shall transmit the Photostat copies thereof to this Court for being kept on record of this appeal.

Order Date :- 11.1.2023

Israr