Samshulhuda And Another vs State Of U.P. And Another
2024 Latest Caselaw 2849 ALL

Allahabad High Court

Samshulhuda And Another vs State Of U.P. And Another on 1 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:17008
 
Court No. - 85
 

 
Case :- CRIMINAL APPEAL No. - 12341 of 2023
 

 
Appellant :- Samshulhuda And Another
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Sandeep Kumar Chaturvedi,Santosh Kumar Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ms. Nand Prabha Shukla,J.
 

Order on Criminal Misc. (Suspension of Sentence) Application No. 1 of 2023

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

The present appeal under section 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the impugned Judgment and Order dated 12.10.2023 passed by learned Additional Session Judge/Special Judge (S.C./S.T.) Act, Siddharth Nagar in Special Criminal Case No. 01 of 2018 (State Vs. Samshulhuda and others), arising out of Case Crime No. 1089 of 2017, under Sections 323, 504, 506 IPC and Section 3(1)(x) of the S.C./S.T. Act, Police Station-Jogiya Udaipur, District-Siddharth Nagar by which appellants were convicted and punished as under :

1. Section 323 I.P.C. - 6 months simple imprisonment with fine of Rs. 500/- and in default of payment of fine additional simple imprisonment of 1 month.

2. Section 504 I.P.C - 1 year simple imprisonment with fine of Rs. 1,000/- and in default of payment of fine additional simple imprisonment of 2 months.

3. Section 506 IPC - 1 year simple imprisonment with fine of Rs. 1,000/- and in default of payment of fine additional simple imprisonment of 2 months.

5. Section 3(1)(x) of the S.C./S.T. Act - 1 year simple imprisonment with fine of Rs. 1,000/- and in default of payment of fine additional simple imprisonment of 2 months.

All the sentences shall run concurrently.

The contention of counsel for the appellants is that the impugned judgement and order has been passed on the basis of conjectures and surmises. It is further submitted that the trial court has committed an illegality in appreciating the evidence on record. It is also submitted that the conviction and sentences awarded by the court below are illegal and bad in the eye of law. There is neither cogent evidence against the appellants nor there is any evidence that the appellants are involved in the alleged offence. It is also submitted by learned counsel for the appellants that the appellants were already on interim bail during the pendency of the trial.

Per contra, learned A.G.A. for the State has opposed the bail prayer of the appellants.

Considering the fact that the appellants are already on interim bail and there is nothing on record to demonstrate that if the appellants are enlarged on bail, would affect the trial adversely, the appellants are entitled to be enlarged on bail.

Let the appellants-Samshulhuda and Lalauddin @ Alauddin be released on bail in the above case on furnishing personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned, subject to furnishing undertaking that they will co-operate in the hearing of the appeal.

Fine to the extent of 50% is stayed, while the balance shall be deposited within 30 days after release.

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

Order on Appeal

Admit.

Issue notice to opposite party No. 2.

Summon the lower court record.

List in due course.

Order Date :- 1.2.2024

Shivani