Allowed

Shiva v. State of Up Others

Allahabad HC13 Nov 2024CRLA/8949/2024

Case brief

AI extract

What is this about?

In an appeal challenging conviction under POCSO and IPC sections, the High Court suspended the remaining sentence pending final hearing. The court held that further detention would serve no useful purpose as the appellant had already served around seven years of a ten-year term, potentially rendering the appeal infructuous otherwise.

What did the court decide?

Suspended the remaining sentence of the appellant pending final hearing of the appeal, subject to furnishing requisite bail and surety bonds.

Shiva vs State of Up Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 81

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Case :- CRIMINAL APPEAL No. - 8949 of 2024

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Appellant :- Shiva Respondent :- State Of Up Others Counsel for Appellant :- Ashish Kumar Singh,G.A.

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Hon'ble Manoj Bajaj,J.

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(Order on Appeal)

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Admit.

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List this appeal in due course.

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(Order on Suspension of Sentence Application)

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Applicant-Appellant, namely, Shiva stands convicted through judgment dated 30.10.2023 passed by Additional District & Sessions Judge/ Special Judge (POCSO Act) in Special Criminal Case No.118 of 2018 (State v. Shiva), arising out of Case Crime No. 133 of 2018, under Sections 376(2)(Cha) & 506 I.P.C. and Sections 5/6 Protection of Children from Sexual Offences Act, 2012, registered at Police Station- Khoda, District- Ghaziabad and has been sentenced for commission of various offences alongwith fine.

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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 ten years imposed upon the applicant, a period of approximately seven years has already been undergone by the applicant and in this regard, he has annexed the custody certificate of the applicant along with the memo of appeal issued by Superintendent, District Jail, Gautam Budh Nagar on 21.12.2023. 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.

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Despite service, no one has appeared on behalf of opposite party no.2.

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While opposing the above prayer, learned A.G.A. has argued that the prosecution adduced convincing evidence to bring home the

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guilt of the convict and the judgment of conviction dated 30.10.2023 is based upon correct appreciation of material on record. However, it is not disputed by learned A.G.A. that the applicant has already undergone a period of approximately seven years against the total sentence of ten years.

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Upon hearing the learned counsel for the parties and considering their submissions, this Court finds that during trial, accused remained in custody, who after judgment of conviction dated 30.10.2023 is serving the sentence. Applicant has already undergone a period of approximately seven years in custody, out of total awarded sentence of ten years. Since, the appeal is not likely to get mature for final hearing in near future, therefore, this Court deems it appropriate to suspend the sentence of the applicant, during the pendency of the appeal as his further detention would not serve any useful purpose. In case, the sentence imposed upon the applicant is not suspended, the appeal may be rendered infructuous.

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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, Ghaziabad.

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The application is allowed.

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Order Date :- 13.11.2024 P Kesari

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Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad

Shiva v. State of Up Others

Case brief

What is this about?

What did the court decide?

Shiva v. State of Up Others

Case brief

What is this about?

What did the court decide?

What the court decided

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