Allowed

Ganga Sharan v. State of U.P.

Allahabad HC2 Feb 2018CRLA/75/2004

Case brief

AI extract

What is this about?

Appeal against criminal order imposing civil jail imprisonment due to lack of property. Court found opportunity of hearing was given. Ordered reduction of imprisonment to period already suffered, cancellation of bail bond, and discharge of sureties, with record remitted to lower court.

What did the court decide?

Imprisonment in civil jail reduced to period already undergone; bail bond cancelled; sureties discharged; record remitted to lower court.

Ganga Sharan Vs State of U.P. — Specific Performance | Allahabad HC (2018)

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Court No. - 14

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Case :- CRIMINAL APPEAL No. - 75 of 2004

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Appellant :- Ganga Sharan Respondent :- State Of U.P. Counsel for Appellant :- Shyam Kishor Yadav,A.K.Srivastava,Daya Ram Yadav,Ramesh Kumar Counsel for Respondent :- Govt. Advocate

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Hon'ble Umesh Chandra Tripathi,J.

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1. List has been revised. None is present from the appellant's side to argue the matter. However, Sri D.P. Singh, Brief Holder and Sri Ashish Kumar Tripathi, Brief Holder are present from the State side.

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2 . This appeal under Section 449 Cr.P.C., has been filed against order dated 21.11.2003 passed by learned Additional Sessions Judge, Court No. 17, Meerut in Criminal Case No. 9 of 2003 under Section 446 IPC whereby appellant was awarded imprisonment in civil jail for a period of six months on the ground that appellant has no property and as such, penalty cannot be recovered.

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3. This appeal has been filed on the ground that order has been passed in violation of natural justice and opportunity of hearing has not been afforded to the appellant.

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4 . From perusal of the order, it is evident that order has been passed in presence of appellant and opportunity of hearing has been afforded to the appellant. From perusal of the record, it reveals that in compliance of the order dated 21.11.2003 appellant has completed imprisonment in civil jail for a period of about two months.

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5 . This Court is of the view that ends of justice would be met, if the imprisonment of the appellant in civil jail is reduced to the period already undergone.

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6 . Consequently, this appeal is allowed and the imprisonment of the appellant in civil jail is reduced to the period already undergone. Appellant need not surrender. His bail bond stands cancelled and sureties are discharged.

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7. Office is directed to send a certified copy of this order to Sessions Judge, Meerut for its compliance. Let the lower court's record be remitted back to the court concerned.

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Order Date :- 2.2.2018

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Jaswant

Ganga Sharan v. State of U.P.

Case brief

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Ganga Sharan v. State of U.P.

Case brief

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