Disposed

Sukhpal @ Sukkha v. State of Up

Allahabad HC4 Oct 2024CRLA/7289/2024

Case brief

AI extract

What is this about?

On an application under Section 389(1) Cr.P.C. filed by Sukhpal @ Sukkha, the High Court allowed bail during the pendency of the appeal, noting that the accused had served over one-third of the sentence without misusing bail, despite heavy pendency preventing early appeal disposal.

What did the court decide?

Release of appellant on bail furnishing personal bond and two sureties, pending adjudication of appeal.

Sukhpal @ Sukkha vs State of Up — Bail and Remand | Allahabad HC (2024)

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 7289 of 2024

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Appellant :- Sukhpal @ Sukkha Respondent :- State of U.P. Counsel for Appellant :- Brajesh Kumar Solanki Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Order on Application under Section 389(1) Cr.P.C.

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Heard learned counsel for the appellant-applicant and learned A.G.A. for the State.

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At the very outset, learned counsel for the applicant submitted that vide order dated 09.11.2023 passed by learned trial court, punishment of five years was awarded to the applicant and it is apparent from the records, applicant has already incarcerated in jail more than four years as on today, meaning thereby he has completed more than one third of sentence in jail. Learned counsel for the appellant further submitted that appellant was on bail and send to jail in another case and he is in jail since 17.01.2020 and he was not misused the liberty of bail during trial. Learned counsel for the appellant/applicant next submitted that disposal of appeal will take time and accused-appellant undertakes that he will not misuse the liberty of bail and shall remain present before the Court as and when required and he will cooperate with the hearing of appeal.

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Per contra, learned A.G.A. vehemently opposed the prayer made in the instant application, but did not dispute the above facts submitted by learned counsel for the appellant.

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Considering the rival submissions extended by learned counsel for the parties as well as considering the unlikelihood of early hearing of appeal due to heavy pendency, punishment awarded and custody period, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal. Rest of the other grounds shall be subject matter of final adjudication of this appeal.

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Let the applicant-appellant Sukhpal @ Sukkha be released on bail on his furnishing personal bond and two sureties in the like amount to the satisfaction of court concerned in Special Session

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Trial No. 181 of 2017 (State of U.P. Vs. Sukhpal @ Sukkha), arising out of Case Crime No. 328 of 2016, under Section 354-(B) of IPC, Police Station Usawan, District Badaun.

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However, it is made clear that in case, entire amount of fine as imposed by learned trial court concerned has not been deposited till today, the same shall be deposited by the appellant within a period of one month from the date of his release.

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As soon as personal bonds and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by court concerned to be kept on record of this appeal.

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Order on Appeal

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Admit.

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Summon the lower court record.

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List in due course.

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Order Date :- 4.10.2024 Vikram

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Sukhpal @ Sukkha v. State of Up

Case brief

What is this about?

What did the court decide?

Sukhpal @ Sukkha v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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