Partly allowed

Shiv Narayan Sharma v. State of U.P.

Allahabad HC3 Sept 2024CRLA/3866/2024

Case brief

AI extract

What is this about?

The High Court resolved two criminal miscellaneous suspension of sentence applications. While noting severe sentencing, the Bench granted bail to both appellants in a murder case at stage of appeal; one incarcerated for seven years, the other aged over 75 and on bail during trial.

What did the court decide?

Release of appellants Shiv Narayan Sharma and Shree Chandra Sharma on bail on furnishing personal bond and two sureties each, subject to undertaking to co-operate in appeal.

Shiv Narayan Sharma vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2024)

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Court No. - 43 Case :- CRIMINAL APPEAL No. - 3866 of 2024 Appellant :- Shiv Narayan Sharma Respondent :- State of U.P. Counsel for Appellant :- Chandra Prakash Mishra Counsel for Respondent :- Akhilesh Kumar Mishra,G.A.

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with Case :- CRIMINAL APPEAL No. - 3683 of 2024 Appellant :- Shree Chandra Sharma Respondent :- State of U.P. Counsel for Appellant :- Chandra Prakash Mishra Counsel for Respondent :- Akhilesh Kumar Mishra,G.A.

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Dr. Gautam Chowdhary,J.

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(Order on Criminal Misc. Suspension of Sentence Applications)

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Bail applications have been filed on behalf of accused appellants Shiv Narayan Sharma and Shree Chandra Sharma, who have been convicted in Sessions Trial No.43 of 2018 (State of U.P. Vs. Shiv Narayan Sharma and other), under Section 302/34 I.P.C., arising out of Case Crime No.1044 of 2017, whereby accused Shiv Narayan Sharma also convicted in Sessions Trial No.43 of 2018 (State of U.P. Vs. Shiv Narayan Sharma and other), under Section 4/25 Arms Act, arising out of Case Crime No.1044 of 2017, Police Station-Lalganj, District-Basti and the maximum sentence awarded to them is life imprisonment.

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It is stated that accused Shree Chandra Sharma is father, while accused Shiv Narayan Sharma is son.

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As per the prosecution case, the deceased was returning home when accused Shiv Narayan Sharma stopped him in-front of his house and complained as to why has he spread false rumour that his brother had stolen a goat. An altercation ensued whereafter accused Shiv Narayan Sharma caused a solitary stab wound to the deceased, as a result of which he died. Relying upon the testimony of the witnesses and the medical evidence, the accused appellants have been convicted and sentenced as per above with the aid of Section 34 I.P.C.

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Learned counsel for the appellants submits that the incident occurred at the spur of the moment and in the opinion of the doctor the deceased could have been saved if proper treatment was provided to him. It is further argued that accused appellant Shiv

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Narayan Sharma has undergone incarceration of about seven years. So far as accused appellant Shree Chandra Sharma is concerned, the role assigned to him is of exhortation and he was on bail during trial which liberty has not been abused. Submission is that since hearing of the appeal may take sufficiently long, as such the accused appellants be enlarged on bail.

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Learned A.G.A. as well as Shri Gaurav Gupta, Advocate holding brief of Shri Akhilesh Kumar Mishra, learned counsel for the informant, submits that the conviction and sentence of the accused appellants are rightly awarded by the court concerned and appellants are not entitled to any liberty of bail, at this juncture.

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In the facts of the case, we find that various triable issues arise for consideration in the matter. Considering the fact that accused Shiv Narayan Sharama has undergone incarceration of nearly seven years and but for a minor offence he has no criminal history and hearing of the appeal may take some more time, as such we deem it appropriate to release accused appellant Shiv Narayan Sharma on bail.

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So far as accused appellant Shree Chandra Sharma is concerned, he was on bail during trial which liberty has not been misused and he is otherwise above 75 years of age, without further commenting upon the merits of the matter, we are of the opinion that the appellant Shree Chandra Sharma is also entitled to be released on bail.

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Let the accused applicants/appellants-Shiv Narayan Sharma and Shree Chandra Sharma be released on bail in the above case on furnishing personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned, subject to furnishing undertaking that they will co-operate in the hearing of the appeal.

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Fine imposed shall be deposited within six weeks of release.

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

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Office is directed to prepare paper books and list these appeals for hearing on its due turn.

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Order Date :- 3.9.2024//Anurag/-

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

Shiv Narayan Sharma v. State of U.P.

Case brief

What is this about?

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Shiv Narayan Sharma v. State of U.P.

Case brief

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