Allahabad High Court
Dheeraj Tiwari @ Bhusur vs State Of U.P. on 7 May, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:86114
Court No. - 82
Case :- CRIMINAL APPEAL No. - 3631 of 2024
Appellant :- Dheeraj Tiwari @ Bhusur
Respondent :- State of U.P.
Counsel for Appellant :- A.K. Mishra,Anand Kumar,Gulab Anand
Counsel for Respondent :- G.A.
Hon'ble Saurabh Srivastava,J.
Order on Criminal Misc. Suspension of Sentence Application No.01 of 2024
1. Heard Shri Gulab Anand, learned counsel for the appellant/applicant and the learned AGA.
2. It is the case of the applicant that applicant has already been inducted in Case Crime No.496 of 2002 under Sections 412, 420, 467, 458, 471 IPC, later on Section 412 IPC was also included which culminated into judgement and order dated 6.7.2007 passed by learned trial court through which five years of rigorous imprisonment alongwith fine of Rs.2,000/- has been extended against the applicant.
3. Regarding the same incident, a separate case crime number has also been registered as Case Crime No.1145 of 2001 under Sections 396 and 412 IPC at police station Kotwali, District Basti which culminated into judgment and order dated 1.3.2024 passed by learned trial court i.e, Additional Sessions Judge, Court No.1, Basti which culminated into judgment and order dated 1.3.2024 passed by learned trial court, through which applicant has been sentenced with ten years rigorous imprisonment alongwith fine of Rs.10,000/- under Sections 396 and 412 IPC. Learned counsel for the applicant submitted that initially over the information against unknown, case crime no.1145 of 2001 has already been registered but thereafter separate case crime no.496 of 2002 under Sections 412, 420, 467, 458, 471 IPC has also been registered at Lucknow. Since the recovery of the same truck has been recovered from District Lucknow itself, on the basis of the recovery, applicant has been implicated and thereafter the implication of the applicant alongwith other co-accused has been made in Case Crime No.1145 of 2001 registered at District Basti also. On precise query made before learned counsel for the applicant that at any stage whether this defence has been taken up either before learned trial court at Lucnow or opposed the same has been fairly admitted that the vital aspect of this matter has been unfortunately left to be apprised to the learned trial court and as such the same has not been given any consideration over the same. It is also informed by learned counsel appearing on behalf of the applicant/appellant that the applicant has already spent more than five years under incarceration in pursuance to the sentence extended vide order dated 6.7.2007 under Section 412 of IPC, at present applicant is languishing in jail after judgment and order dated 1.3.2024.
4. Per contra learned AGA vhemently opposed the prayer made through the instant application and rebutted the stand taken up by the learned counsel for the applicant on the basis of one case criminal history credited in favour of applicant.
5. Learned counsel for the applicant submitted that the case crime number registered at Lucknow in connection to the similar matter is only the criminal history as indicated by learned AGA credited in favour of the applicant otherwise no case pending against the applicant.
6. Considering the other grounds taken up in the appeal for challenging the judgment and order passed by the learned trial court the same shall be considered at the time of final hearing of the instant appeal, at this juncture, learned counsel for the applicant made out a case for extension of bail in favour of applicant, as such the bail application is allowed.
7. Let the applicant/appellant - Dheeraj Tiwari @ Bhusur be enlarged on bail in Sessions Trial No.129 of 2008 (State of U.P. vs. Dheeraj Tiwari @ Bhusur) arising out of Case Crime no. 1145 of 2001, under Sections 396, 412 IPC, Police Station- Kotwali, District- Basti on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
8. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by court concerned to be kept on the record of this appeal.
Order on Appeal.
1. Admit.
2. Summon the lower court record.
3. List in due course.
Order Date :- 7.5.2024
Rakesh
