Court suspended the remainder of the five-year sentence imposed on the appellant convicted under POSCO and IPC, allowing him bail bonds subject to satisfaction of the Magistrate, without expressing opinion on the appeal merits.
Suspension of the remaining sentence pending the pendency of the appeal, subject to furnishing bail bonds.
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Court No. - 81
Case :- CRIMINAL APPEAL No. - 7455 of 2024
Appellant :- Sripal @ Gussu Respondent :- State Of Up Others Counsel for Appellant :- Rohit Shukla Counsel for Respondent :- G.A.,Punya Sheel Pandey
Hon'ble Manoj Bajaj,J.
(Order on Appeal)
Admit.
List this appeal in due course.
(Order on Suspension of Sentence Application)
None appears for the opposite party no.3, however, learned A.G.A. is present.
Applicant-Appellant, namely, Sripal @ Gussu stands convicted through judgment dated 30.10.2023 passed by Additional Sessions Judge/ Additional Special Judge (POSCO Act), Court No.1, Mathura in Session Case No.266 of 2022 (State v. Sripal @ Gussu), arising out of Case Crime No.251 of 2021, under Sections 376/511, 452 & 506 I.P.C. and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station- Chhata, District- Mathura and has been sentenced for commission of various offences alongwith fine.
Learned counsel for applicant submits that the trial court has overlooked the material discrepancies in the prosecution case while passing the impugned judgment of conviction dated 30.10.2023. Learned counsel submits that out of the total sentence of five years imposed upon the applicant, a period of more than a year has already been undergone by the applicant after conviction. Learned counsel submits that the appeal is likely to succeed on the basis of the grounds pleaded and prays for suspension of sentence during the pendency of the appeal.
While opposing the above prayer, learned A.G.A. has argued that the prosecution adduced convincing evidence to bring home the guilt of the convict and the judgment of conviction dated 30.10.2023 is based upon correct appreciation of material on
record.
Upon hearing the learned counsel for the parties and considering their submissions, this Court finds that convict stood the trial and never misused the concession of bail. That apart, after the judgment of conviction dated 30.10.2023, applicant has been sent in custody to serve the sentence, but in the considered opinion of this Court, the appeal is not likely to get mature for final hearing in near future. Applicant has already undergone a period of more than a year in custody, out of total awarded sentence of five years. Therefore, further detention of the applicant behind the bars would not serve any useful purpose, and in case, the sentence is not suspended, the appeal may be rendered infructuous.
Resultantly, without meaning any expression of opinion on the merits of the appeal, the remaining sentence of the applicantappellant is suspended, subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Mathura.
The application is allowed.
Order Date :- 13.11.2024 P Kesari
Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the sentence of the appellant should be suspended during the pendency of the criminal appeal.
Whether the detention of the appellant serves any useful purpose pending the final hearing of the appeal.
Sripal @ Gussu
State Of Up
Manoj Bajaj
Prachi Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
