High Court disposed of two matters. In Criminal Appeal No. 2160 of 2024, the appeal was admitted and listed. In the pending SPA, sentence suspension was allowed as the appeal hearing would be delayed.
Criminal Appeal admitted and listed; suspension of sentence application allowed making earlier suspension order absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 81
Case :- CRIMINAL APPEAL No. - 2160 of 2024
Appellant :- Ramchandra Respondent :- State of U.P. Counsel for Appellant :- Rahul Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Bajaj,J.
(Order on Appeal)
Admit.
List this appeal in due course.
(Order on Suspension of Sentence Application)
Applicant-Appellant, namely, Ramchandra stand convicted through judgment dated 17.02.2024 passed by Additional Sessions Judge, Court No.1 Fatehpur in Sessions Trial No. 405 of 2016, arising out of Case Crime No. 01 of 2016, under Sections 324 I.P.C., registered at Police Station Chandpur, District Fatehpur, and has been sentenced for commission of offence alongwith fine.
Learned counsel for applicant submits that the judgment of conviction dated 17.02.2024 is not based upon the correct appreciation of evidence as material discrepancies in the prosecution case have been ignored by the trial court. Learned counsel submits that applicant has been sentenced for commission of offence with a maximum sentence of simple imprisonment for two years under Section 324 IPC. Learned counsel has drawn the attention of the Court to the order dated 17.02.2024 passed by Additional Sessions Judge, Court No.1 Fatehpur, to contend that the trial court after convicting the applicant had suspended his sentence for a period of 30 days provided for filing the appeal, to enable him to prefer the appeal. He prays for suspension of his sentence.
While opposing the prayer, learned AGA has not disputed the fact that the sentence imposed upon the applicant already stands suspended by the trial court vide order dated 17.02.2024.
After hearing the learned counsel for the parties and considering the above background, this Court is of the opinion that the appeal
may not get mature for final hearing in near future, therefore, the concession of suspension of sentence deserves to be extended to the applicant- convict.
Resultantly, without meaning any expression of opinion on the merits of the appeal, the application is allowed and the order dated 17.02.2024 passed by the trial court suspending the sentence of the applicant-appellant is hereby made absolute.
Order Date :- 13.11.2024 Shiv
Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad
Ramchandra
State of U.P.
Manoj Bajaj
Shiv Kumar Sharma
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
