Allowed

Shambhu Pasi v. State of U.P. and 3 Others

Allahabad HC21 Aug 2024CRLA/2010/2024

Case brief

AI extract

What is this about?

The High Court, while admitting the criminal appeal, allowed the appellant's application for bail under Section 389(1) Cr.P.C. during the appeal's pendency, citing no criminal history, lack of misuse, and remote prospect of early hearing, directing surrender of bonds for execution. The appeal was listed for deferred hearing.

What did the court decide?

Appellant enlarged on bail during pendency of appeal under Section 389(1) Cr.P.C. on furnishing personal bond and two sureties with conditions.

Shambhu Pasi vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2024)

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2010 of 2024

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Appellant :- Shambhu Pasi Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Shri Prakash Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Order on Application u/s 389(1) Cr.P.C

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Heard learned counsel for appellant and learned AGA for the State.

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Although notice has been served upon opposite party no. 2 but none appeared either in person or through counsel.

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It has been submitted by learned counsel for the appellant/applicant that the appellant is innocent and has been falsely implicated. It has been further submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellant. The prosecution has not been able to prove its case beyond reasonable doubt. Appellant is languishing in jail since 15.02.2024. Appellant/applicant has no criminal history to his credit and this fact has been ascertained by learned AGA also. There is no case of misuse of bail extended during trial. Applicant undertakes not to misuse the liberty of bail, if granted by this Court since prospect of the appeal being heard in the near future, is extremely remote, hence the applicant/appellant is entitled to be released on bail during pendency of appeal.

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Per contra, learned AGA vehemently opposed the prayer as made in the application but could not dispute the aforesaid facts.

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Rest of the other grounds taken up while preferring the instant appeal shall be subject to final outcome of the instant appeal but at this juncture, keeping in view the aforesaid facts and circumstances of the case such as no criminal history credited to the appellant/applicant and no misuse of bail extended during trial and considering the unlikelihood of early hearing of appeal due to heavy pendency, without interfering into the merits of the case, I am of the opinion that applicant/appellant is entitled to be enlarged

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on bail during pendency of appeal.

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Let the applicant/appellant - Shambhu Pasi be enlarged on bail in S.T. no. 28 of 2014 (State vs. Shambhu Pasi) under Sections 354 क, 506, 341, 323 IPC & Section 8 of POCSO Act, Police StationLalganj, District- Mirzapur (in case crime no. 266/2014) on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to deposition of entire amount of fine, if already not deposited.

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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.

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Order on Appeal

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Admit.

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Summon the trial court record and let paper book be prepared and thereafter copy of it be served upon learned Government Advocate.

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List in due course for hearing.

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Order Date :- 4.10.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Shambhu Pasi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shambhu Pasi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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