Disposed

Jitendra Singh v. State of Up

Allahabad HC4 Jul 2024CRLA/4670/2024

Case brief

AI extract

What is this about?

Appellant convicted under Sections 272 IPC and 60(2) Excise Act sought suspension of sentence and bail pending disposal of his criminal appeal. The court noted he had been on bail during trial without misuse and that the appeal would take time to dispose of; it released him on bail on a personal bond and two sureties, subject to depositing the fine within one month of release.

What did the court decide?

Sentence suspended; appellant released on bail with personal bond and two sureties; fine to be deposited within one month.

Jitendra Singh vs State of Up — Bail and Remand | Allahabad HC (2024)

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Court No. - 86

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Case :- CRIMINAL APPEAL No. - 4670 of 2024

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Appellant :- Jitendra Singh Respondent :- State of U.P. Counsel for Appellant :- Sunil Kumar Singh,Vipan Kumar Counsel for Respondent :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard and perused the record.

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Trial court record has been received. Office to prepare the paper book.

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List this appeal due course before the appropriate Bench for final hearing.

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Order on Criminal Misc. Bail Application / Suspension of Sentence Application

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This Criminal appeal under Section 374 (2) of the Criminal Procedure Code has been preferred by the appellant Jitendra Singh against the conviction and sentence recorded vide judgment and order dated 19.10.2023 passed by the Additional District and Sessions Judge, Court No.1, Kannauj in Session Trial No. 532 of 2016, arising out of case crime no. 487 of 2015, under Sections 272 IPC and 60(2) of Excise Act, P.S. Saurikh, District Kannauj.

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Heard learned Counsel for the appellant-applicant as well as the learned AGA for the State.

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By means of the bail application, the appellant-applicant seeks suspension of sentence and grant of bail.

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It has been submitted by learned counsel for the appellantapplicant 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. It has been further submitted that the appellant was on bail during trial and has not misused the liberty of bail. Appellant is in jail since 20.6.2023. It is further submitted that the prosecution story is totally false and

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fabricated. Criminal history of the appellant has been explained sufficiently. Since there is no likelihood of early hearing of the appeal in near future, the appellant may be released on bail pending appeal. Besides the above submissions, learned counsel for the appellant has also tried to touch upon at length the circumstances which led to the false implication of accused - appellant. It is lastly submitted that maximum sentence of seven years imprisonment has been awarded to the appellant in this case.

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On the other hand, learned AGA vehemently opposed the bail application.

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I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record including the impugned judgment.

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Having regard to the facts and circumstances of the case, sentence awarded to the appellant, the evidence available on record and the findings recorded by the trial court thereon, appellant was on bail during trial but no instance of misuse of the bail has been brought to the notice of the Court and the fact that the appeal may take some time for its final disposal, without further commenting on the merits of the case, I am inclined to release the appellant on bail.

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Let the above named accused-appellant be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned.

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

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However, fine amount, as imposed by the trial Court, shall be deposited by the appellant within a period of one month from the date of his release in terms of the order of learned trial Court.

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Order Date :- 4.7.2024 safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Jitendra Singh v. State of Up

Case brief

What is this about?

What did the court decide?

Jitendra Singh v. State of Up

Case brief

What is this about?

What did the court decide?

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