Disposed

Imran Alias Batu v. State of U.P.

Allahabad HC25 Feb 2025CRLA/589/2025

Case brief

AI extract

What is this about?

Convict sentenced to seven years for offences under Sections 393, 307/34 and 504 IPC sought suspension of sentence pending appeal, citing identical role to co-accused already released on bail. Court granted sentence suspension on furnishing personal bond and one surety, subject to undertaking to cooperate in appeal hearing.

What did the court decide?

Sentence suspended pending appeal; release on personal bond and one surety with undertaking to cooperate in appeal hearing; fine deposit within six weeks.

Imran Alias Batu vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Court No. - 76

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Case :- CRIMINAL APPEAL No. - 589 of 2025 Appellant :- Imran Alias Batu Respondent :- State of U.P. Counsel for Appellant :- Dhiraj Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Vinod Diwakar,J.

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In Re: Crl. Misc. Suspension of Sentence Application

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Heard learned counsel for the applicant-convict and the learned A.G.A. for the State on suspension of sentence.

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The applicant-convict- Imran @ Batu, has been convicted by the Trial Court vie judgment and order dated 10.12.2024 passed in Session Trial No. 509 of 2017, titled State v. Abad and others, arising out of Case Crime No. 920 of 2016, under Sections 393, 307/34, 504 IPC, P.S. Deoband, District Saharanpur and awarded maximum sentence of seven years imprisonment along with fine.

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Learned counsel for the applicant-convict submits that the applicant-convict has been falsely implicated in the present case. Learned counsel further submits that the incident took place on 14.12.2016 but the report of the said incident was lodged after delay of seven days i.e. on 21.12.2016. In the first information report four persons have been named as an accused including the present applicant-convict. The main role of causing firearm injury was assigned to co-accused Abad, who has been granted bail by the Coordinate Bench of this Court dated 14.02.2025 passed in Criminal Appeal No. 1060 of 2025. Learned counsel for the applicant-convict submits that another co-accused Irshad @ Chhodda has also been granted bail by the Coordinate Bench of this Court vide order dated 14.02.2025 passed in Criminal Appeal No. 1077 of 2025. The role of applicant-convict is identical to that

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of co-accused Irshad @ Chhodda, who has already been granted bail, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant was on bail during trial and has not committed any other offence during the bail period. It is further urged that the applicant-convict has been languishing in jail since 11.12.2024 post-conviction. The applicant has undergone incarceration of five months and eighteen days of the sentence, and further the hearing of appeal may take a sufficiently long time. In such circumstances, the applicant- convict be enlarged on bail.

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Learned A.G.A. has opposed the prayer for the grant of bail but could not dispute the factual submissions advanced on behalf of the applicant- convict.

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Thus, the applicant-convict- Imran @ Batu , be released on bail in the above case on furnishing a personal bond and ONE SURETY in the like amount to the satisfaction of the Chief Judicial Magistrate concerned, subject to furnishing an undertaking that he will cooperate in the hearing of the appeal.

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The applicant-convict shall deposit fine after six weeks of his release.

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On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this court for being kept on the record of this appeal.

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Order on appeal

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List this appeal for 'final hearing' in due course.

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Order Date :- 2.4.2025 Prajapati

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Justice Vinod Diwakar

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Imran Alias Batu v. State of U.P.

Case brief

What is this about?

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Imran Alias Batu v. State of U.P.

Case brief

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