Karan Alias Pradeep vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Karan Alias Pradeep vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Suspension of the remaining sentence of the applicant-appellant during pendency of the appeal, subject to furnishing requisite bail bonds and surety bonds to the satisfaction of the Chief Judicial Magistrate, Agra; recovery of the fine, if not deposited, also stayed; no expression of opinion on the merits of the appeal.

Issue for consideration

Whether the sentence awarded to the applicant-appellant (convicted under Sections 498A, 304B I.P.C. and Section 4 Dowry Prohibition Act) should be suspended during the pendency of Criminal Appeal No. 2171 of 2025.

Court's answer

The Court found that the applicant had already undergone more than five years in custody out of the total awarded sentence of ten years.

Ratio / Principle

Since the appeal was not likely to mature for final hearing in the near future, the Court deemed it appropriate to suspend the sentence during the pendency of the appeal, as further detention would not serve any useful purpose.

Key takeaways

Without expressing any opinion on the merits of the appeal, the remaining sentence of the applicant-appellant was suspended, subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of the Chief Judicial Magistrate, Agra.ratio¶¶13
It was clarified that if the fine imposed upon the applicant had not been deposited, its recovery shall also remain stayed.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Manoj Bajaj, J.) allowed the suspension-of-sentence application of Karan Alias Pradeep, appellant in Criminal Appeal No. 2171 of 2025, who stood convicted by the Additional District and Sessions Judge/Special Judge (POCSO Act), Court No.30, Agra (Sessions Trial No. 2390 of 2020; judgment of conviction dated 11.02.2025, order of sentence dated 13.02.2025) under Sections 498A, 304B I.P.C. and Section 4 Dowry Prohibition Act, with sentences of seven years, two years (fine Rs. 5,000/-) and one year (fine Rs.2,000/-) respectively. Noting that the applicant was in custody since his arrest in December 2019, had already undergone more than five years of the total ten-year sentence, and that the appeal was not likely to mature for final hearing in the near future, the Court suspended the remaining sentence during the pendency of the appeal, subject to furnishing bail bonds and surety bonds to the satisfaction of the Chief Judicial Magistrate, Agra, and stayed recovery of the un-deposited fine, expressly without expressing any opinion on the merits of the appeal.

Court No. - 77

Case :- CRIMINAL APPEAL No. - 2171 of 2025

Appellant :- Karan Alias Pradeep Respondent :- State of U.P. Counsel for Appellant :- Vishvendra Singh Counsel for Respondent :- G.A.

Hon'ble Manoj Bajaj,J.

(Order on Appeal)

List this appeal in due course.

(Order on Suspension of Sentence Application)

Applicant-Appellant, namely, Karan Alias Pradeep has applied for suspension of sentence during pendency of the appeal, arising against the judgment of conviction dated 11.02.2025 and order of sentence dated 13.02.2025 passed by Additional District and Sessions Judge/ Special Judge (POCSO Act), Court No.30, Agra in Sessions Trial No. 2390 of 2020, thereby convicting the appellant under Sections 498A, 304B I.P.C. and Section 4 Dowry Prohibition Act, followed by imposition of sentence of seven years, under Section 304B I.P.C., two years, under section 498A I.P.C. with fine of Rs. 5,000/- and one year, under Section 4 Dowry Prohibition Act with fine of Rs.2,000/-, with a further condition that in the event of non deposit of fine, convict shall undergo further imprisonment of two months and one month, respectively.

The applicant-convict was prosecuted through Case Crime No. 807 of 2019, under Sections 498A/34, 304B, 506/34 and alternative Section 302/34 I.P.C. and Section 3/4 Dowry Prohibition Act I.P.C., registered at Police Station Jagdishpura, District Agra.

Learned counsel for applicant has argued that after arrest in December, 2019, the applicant throughout remained in custody as an undertrial, who has been inflicted with a sentence of seven years pursuant to the conviction under Section 304B I.P.C.. He submits that the applicant has already undergone a period of more than five years in custody and the co-accused (father of the applicant) was acquitted. 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 11.02.2025 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 during trial, accused remained in custody, who after judgment of conviction dated 11.02.2025 is serving the sentence. Applicant has already undergone a period of more than five 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.

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, Agra.

Further, it is clarified that if, the fine imposed upon the applicant has not been deposited, its recovery shall also remain stayed.

The application is allowed.

Order Date :- 21.5.2025 Shiv

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