Satyapal And Another vs State Of U.P.
2024 Latest Caselaw 15543 ALL

Allahabad High Court

Satyapal And Another vs State Of U.P. on 3 May, 2024

Author: Subhash Chandra Sharma

Bench: Subhash Chandra Sharma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79977
 
Court No. - 81
 

 
Case :- CRIMINAL APPEAL No. - 1286 of 2007
 

 
Appellant :- Satyapal And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- A.P. Tewari,R.S. Tripathi
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Subhash Chandra Sharma,J.
 

Heard learned counsel for the appellants as well as learned A.G.A. for the State and perused the material on record.

This criminal appeal has been preferred by the appellant against the judgment and order dated 06.12.2006 passed by the Additional Session Judge, Court No. 2, Budaun in S.T. No. 114 of 2005 (State Versus Satyapal and others) arising out of Case Crime No. 922 of 2004, under Sections 304/34, 325/34, 324/34, 504 I.P.C., Police Station Civil Lines, District Budaun.

Appeal against the appellant no.2 Tota Ram has been abated by order dated 18.12.2023 passed by this Court due to his death.

As per report of Senior Registrar of this Court dated 02.05.2024 and order passed by the Administrative Judge, Budaun dated 02.05.2024 on the basis of report send by the Additional Session Judge/Secretary, D.L.S.A., Budaun dated 15.03.2024, it has been reported that the appellant No.1 Satya Pal was sentenced for a period of ten years rigorous imprisonment and fine of Rs. 5000/-. He served the whole sentence and was released from jail on 13.12.2012 from Central Jail, Bareilly, later on, by this Court on 18.12.2023. On account of the absence of appellant, Non Bailable Warrant was issued in pursuance to which the appellant no.1 Satya Pal was arrested by the police and sent to jail on 03.01.2024 and since then he is in district Jail Budaun. The order dated 18.12.2023 shows that Non Bailable Warrant was issued against the appellant no.1 Satya Pal and the direction was given to the learned Chief Judicial Magistrate to ensure his arrest and lodge him in jail. The report as aforesaid shows that the appellant no.1 Satya Pal is detained in jail, though he was released from jail after completion of sentence in jail, therefore, the appellant no.1 Satya Pal be released from jail in Appeal No. 1286 of 2007 forthwith.

Office is directed to communicate the order to the learned Chief Judicial Magistrate/Secretary, D.L.S.A., Budaun for necessary compliance at once without making any delay and also a copy of the order be sent to the concerned jail. Since the appeal against the appellant no.2-Tota Ram has already been abated and against the present appellant no.1 Satya Pal, it has become infructuous, accordingly this appeal stands disposed of.

Order Date :- 3.5.2024

T.S.