Disposed

Sundari Devi v. State of U.P.

Allahabad HC5 Jul 2024CRLA/2352/2024

Case brief

AI extract

What is this about?

Appellant convicted under Sections 304/149 IPC sought suspension of sentence and bail during her criminal appeal. The court, without commenting on merits, released her on bail on personal bond with two sureties and stayed half of the fine during pendency of the appeal.

What did the court decide?

Sentence suspended; appellant released on bail on personal bond and two sureties; half of fine realization stayed pending appeal.

Sundari Devi vs State of U.P. — Bail and Remand | Allahabad HC (2024)

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Court No. - 82

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Case :- CRIMINAL APPEAL No. - 2352 of 2024

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Appellant :- Sundari Devi Respondent :- State of U.P. Counsel for Appellant :- Dinesh Kumar Gupta,Raghawendra Singh,Vinod Kumar Sharma Counsel for Respondent :- G.A.,Manoj Yadav

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Hon'ble Subhash Chandra Sharma,J.

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Order on appeal

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Counter affidavit filed by learned A.G.A. is taken on record.

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Supplementary affidavit filed by learned counsel for the appellant is also taken on record.

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Admit.

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Trial court record has already been received in the office.

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In Re: Criminal Misc. (Suspension of Sentence) Application no. 01 of 2024

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Heard learned counsel for appellant, learned A.G.A. for the State and perused the record.

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This Criminal appeal under Section 374(2) of the Criminal Procedure Code has been preferred with prayer to suspend the sentence and to release the appellant on bail in Session Trial No. 770 of 2022 arising out of case crime no. 320 of 2021, under Sections 147, 148, 323/149, 308/149, 304/149 IPC P.S. Reoti, District Ballia during pendency of present appeal.

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It is submitted by learned counsel for the appellant that in this case, she is lady and is innocent and has been falsely implicated. She has committed no offence but on account of being member of the family of other co-accused persons, she was also named in the F.I.R. During the course of trial, no any special role was assigned to the appellant for making assault. There is no any criminal antecedent against the appellant. The evidence on record was not appreciated in proper way by the learned trial court but convicted and sentenced the appellant for a period of seven years rigorous imprisonment under Section 304/149 IPC. She is languishing in

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jail since 08.01.2024. Judgment and order passed by the learned trial court is based on conjectures and surmises and absolutely there is no evidence against the appellant. The appellant was on bail during trial and the appeal is likely to take some time for final disposal, therefore, request that the appellant be released on bail.

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Learned A.G.A. opposed the bail.

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Considering the facts and circumstances of the case in particular the nature of evidence adduced by the parties, judgment passed by learned trial court and none possibility of hearing of appeal in near future and without further commenting on merit of the case, I am inclined to release the appellant on bail.

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Let appellant Sundari Devi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned during pendency of this appeal.

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The realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.

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On acceptance of bail and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.

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The appellant would be entitled to get the benefit of this order only after depositing 50 % amount of fine.

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The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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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.

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Order Date :- 5.7.2024 Anurag Singh

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

Sundari Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sundari Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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