This court dismissed the criminal appeal filed by two appellants who had deposited the fine but remained incarcerated due to non-bailable warrants. The bench set aside the warrants and directed their immediate release.
Non-bailable warrants set aside and appellants directed to be released forthwith from jail.
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Court No. - 90
Case :- CRIMINAL APPEAL No. - 2190 of 1981 Appellant :- Netrapal And Others Respondent :- State of U.P. Counsel for Appellant :- R.B.Sahai Counsel for Respondent :- A.G.A.
Hon'ble Ajit Singh,J.
Office vide its report dated 17.2.2020 has informed that appellant no.3, Sajjan Singh and appellant no. 4, Rajendra Singh have died. However, the appeal shall survive against appellant no. 1, Netrapal and appellant no. 2, Yatendra.
Heard learned counsel for the surviving appellant nos. 1 and 2, learned A.G.A. for the State and perused the record.
Learned counsel appearing on behalf of accused-appellant nos. 1 and 2, Netrapal and Yatendra has submitted that by the impugned order dated 18.9.1981 the accused were convicted under Section 323/34 I.P.C. with fine of Rs. 300/- each. Accused-appellants were on bail and they were directed to pay the fine within ten days and in default of payment of fine each of the accused shall undergo rigorous imprisonment of two months. Further submission is that the accused Netrapal and Yatendra have been arrested in pursuance of the non-bailable warrant issued against them.
Learned counsel for the appellants further submitted that he does not want to press this appeal on the legality of sentence. It is also submitted that the appellants are more than 70 years of age. They have already deposited the fine and they have suffered imprisonment, which was not awarded to them.
After considering the submissions made by learned counsel for the appellants and considering the facts of the case, that learned counsel for the appellants does not want to press this appeal on the legality of sentence, this Court is of the view because accused have already deposited the fine but they are still in prison since 3.12.2020.
Accordingly, the appeal is dismissed.
Non-bailable warrants issued against the accused-appellants Netrapal and Yatendra are hereby set aside.
Appellants are directed to be released forthwith from the jail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad,
self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Faridul
1 issue framed by the court
Whether the appeal should be dismissed since the appellant has already deposited the fine but remains in custody.
Netrapal
Yatendra
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
