Siddharth Alias Nihal Verma vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Siddharth Alias Nihal Verma vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the remaining sentence of both applicant-appellants during pendency of the appeals, conditional on furnishing bail bonds and surety bonds to the satisfaction of the Chief Judicial Magistrate, Jhansi; the applications were allowed and the appeals themselves were listed in due course (¶9), without expression on merits.

Issue for consideration

Whether the remaining sentence of the applicant-convicts (Ashu Khan and Siddharth @ Nihal Verma), convicted and sentenced on 27.1.2025, should be suspended during the pendency of Criminal Appeal Nos. 1145 of 2025 and 1300 of 2025.

Court's answer

This Court found that the convicts stood the trial and never misused the concession of bail; that applicant no.1 had undergone more than nine months and applicant no.2 more than a year in custody out of the total awarded sentence of ten years; that the appeal was not likely to mature for final hearing in the near future; and therefore further detention of the applicants would serve no useful purpose, and failure to suspend the sentence might render the appeal infructuous.

Ratio / Principle

Without expressing any opinion on the merits of the appeal, the remaining sentence of both applicant-appellants is suspended during pendency of the appeal, subject to their furnishing requisite bail bonds and surety bonds to the satisfaction of the Chief Judicial Magistrate, Jhansi.

Detailed headnote1 paragraphs

Suspension of sentence — Criminal Appeals Nos. 1145 & 1300 of 2025 (Allahabad High Court, Manoj Bajaj J., order dated 18.7.2025): Applicants-convicts Ashu Khan and Siddharth @ Nihal Verma, convicted by the Additional Sessions Judge (D.A.A.), Jhansi on 27.1.2025 in Sessions Trial No. 744 of 2020 under Sections 392, 411 I.P.C. (once printed as 'Sections 3392, 411 I.P.C.') with a total awarded sentence of ten years plus fine (Case Crime No. 513 of 2020, P.S. Nawabad, Jhansi), sought suspension of sentence pending appeal. The Court noted the convicts had stood trial on regular bail and never misused the concession; that applicant no.1 had undergone more than nine months and applicant no.2 more than a year in custody; that the appeal was unlikely to mature for final hearing in the near future; and that further detention would serve no useful purpose, failing suspension the appeal may be rendered infructuous. Accordingly, without any expression of opinion on merits, the remaining sentence of both applicants was suspended, subject to furnishing requisite bail and surety bonds to the satisfaction of the Chief Judicial Magistrate, Jhansi. Applications allowed; appeals listed in due course. Counsel's submissions (F.I.R. delay of 4.10.2020 to 9.10.2020; victim's companion not supporting prosecution; applicants involved in no other case) were recorded as arguments, not findings.

Court No. - 81

Case :- CRIMINAL APPEAL No. - 1145 of 2025

Appellant :- Siddharth Alias Nihal Verma Respondent :- State of U.P. Counsel for Appellant :- Prem Chand Pandey Counsel for Respondent :- G.A.

With

Case :- CRIMINAL APPEAL No. - 1300 of 2025

Appellant :- Ashu Khan Respondent :- State of U.P. Counsel for Appellant :- Mahesh Kumar Counsel for Respondent :- G.A.

Hon'ble Manoj Bajaj,J.

(Order on Appeal)

List the appeal in due course.

(Order on Suspension of Sentence Application)

Applicants-Appellants, namely, Ashu Khan and Siddharth @ Nihal Verma have applied for suspension of sentence during pendency of the appeal, arising against the judgment of conviction dated 27.1.2025 passed by Additional Sessions Judge (D.A.A.), Jhansi in Sessions Trial No. 744 of 2020, thereby convicting the appellants under Sections 3392, 411 I.P.C., who have been sentenced for commission of various offences alongwith fine.

The applicants-convicts were prosecuted through Case Crime No. 513 of 2020, under Sections 392, 411 I.P.C., registered at Police Station Nawabad, District Jhansi.

Learned counsel for applicants has argued that the alleged occurrence of snatching of chain took place on 4.10.2020, but the F.I.R. was lodged after a long delay on 9.10.2020 and the companion of the victim has not supported the case of the prosecution. According to learned counsel, applicants are not involved in any other case, much less of similar nature, who have been awarded a sentence of ten years and the same is on higher side. Learned counsel submits that during trial, the applicants-

accused were extended the concession of regular bail, who stood the trial and never misused the concession. 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 27.1.2025 is based upon correct appreciation of material on record. However, learned A.G.A. has produced the custody certificate showing the period undergone by the applicants and according to the same, applicant no.2 has undergone more than a year whereas applicant no.1 has undergone more than nine months in custody.

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 27.1.2025, applicants have 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 no.1 has already undergone a period of more than nine months whereas applicant no.2 has undergone a period of more than a year in custody, out of total awarded sentence of ten years. Therefore, further detention of the applicants 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 applicantsappellants is suspended, subject to their furnishing the requisite bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Jhansi.

The application(s) is allowed.

Order Date :- 18.7.2025 P.S.Parihar

Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad