The High Court ordered the trial court record to be summoned and instructed the AGA to clarify the appellant's incarceration period. The matter was adjourned to the next week.
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Court No. - 11
Case :- CRIMINAL APPEAL No. - 2728 of 2024
Appellant :- Anil Kumar Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Appellant :- Veer Bahadur Lal Srivasta,Alok Kumar Mishra,Prateek Tewari,Ratan Gupta Counsel for Respondent :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for the appellant, learned AGA appearing on behalf of the State and Sri Shailendra Singh, Advocate who files his Vakalatnama today in Court on behalf of the complainant.
Admit.
Let the trial Court record be summoned.
Contention of learned counsel for the appellant is that by means of the impugned order dated 14.08.2024, the appellant has been convicted for an offence under Section 498-A/34 for a period of three years and for an offence under Section 304-B/34 for a period of ten years. Further for an offence under Section 4 of the Dowry Prohibition Act, 1961. The appellant has been sentenced for a period of two years. Aforesaid sentence also carry fine for each offence.
Placing reliance on the averments contained in paragraph 32 of the bail application, the argument is that the appellant is in jail since 13.09.2018 and thus has spent almost six years in jail out of total sentence as has been granted by the learned trial Court.
However, before proceeding further with the matter, let the learned AGA seek specific instructions as to the period of incarceration of the appellant in jail.
Let the instructions be obtained within a week.
List this case in the next week as fresh showing the name of Sri Shailendra Singh, Advocate from the side of respondent.
Order Date :- 3.9.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
Anil Kumar Yadav
State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home
Abdul Moin
SATYENDRA SINGH PACHHERE
As recorded by the court registry
2 orders share this CNR
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