Mohd Zakir Alias Lal and Another vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Mohd Zakir Alias Lal and Another vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application for suspension of sentence allowed: remaining sentence of the applicants-appellants suspended during pendency of the appeal, subject to furnishing requisite bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Etawah; appeal itself to be listed in due course, with no expression of opinion on merits.

Issue for consideration

Whether the remaining sentence of the applicants-appellants, convicted under Section 412 IPC and sentenced to five years imprisonment, should be suspended during the pendency of Criminal Appeal No. 698 of 2025.

Court's answer

This Court found that the convicts stood the trial and never misused the concession of bail; they had already undergone more than one year of the total awarded sentence of five years; and the appeal was not likely to mature for final hearing in the near future. Therefore, further detention of the applicants would not serve any useful purpose, and if the sentence were not suspended, the appeal might be rendered infructuous.

Ratio / Principle

The remaining sentence of the applicants-appellants is suspended, subject to their furnishing the requisite bail bonds and surety bonds to the satisfaction of the Chief Judicial Magistrate, Etawah.

Key takeaways

While suspending the sentence, this Court expressed no opinion on the merits of the appeal; the appeal itself was directed to be listed in due course.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Manoj Bajaj, J.) allowed the application for suspension of sentence filed by Mohd. Zakir @ Lal and Akeel, appellants in Criminal Appeal No. 698 of 2025, who stood convicted under Section 412 IPC by the Special Judge (D.A.A. Act)/Additional District and Session Judge, Court No. 12, Etawah, in Sessions Trial No. 103 of 2008 (State of U.P. Vs. Pankaj Yadav and others) vide judgment of conviction dated 07.01.2025 and order of sentence dated 10.01.2025, awarding five years imprisonment and a fine of Rs.2,000/- (default: one month). Arising from Case Crime No. 278 of 2006 (Sections 364, 396, 412, 201 IPC), P.S. Civil Lines, Etawah, the Court noted that the applicants had stood trial on regular bail without misusing the concession, had already undergone more than one year of the five-year term, and that the appeal was unlikely to mature for hearing in the near future; continued detention would serve no useful purpose and the appeal risked becoming infructuous. The remaining sentence was suspended subject to furnishing bail and surety bonds to the satisfaction of the Chief Judicial Magistrate, Etawah, expressly without expressing any opinion on the merits; the appeal was listed in due course. Order dated 14.5.2025.

Court No. - 77

Case :- CRIMINAL APPEAL No. - 698 of 2025

Appellant :- Mohd Zakir Alias Lal And Another Respondent :- State of U.P. Counsel for Appellant :- Ansar Ahmad 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)

Applicants-Appellants, namely, Mohd. Zakir @ Lal and Akeel have applied for suspension of sentence during pendency of the appeal, arising against the judgment of conviction dated 07.01.2025 and order of sentence dated 10.01.2025 passed by Special Judge (D.A.A. Act)/Additional District and Session Judge, court no.12, Etawh in Sessions Trial No.103 of 2008, titled State of U.P. Vs. Pankaj Yadav and others, thereby convicting the appellants under Section 412 I.P.C., followed by imposition of sentence of five years imprisonment U/s 412 IPC with fine of Rs.2,000/-, with further condition that in the event of non- deposit of fine, convict shall undergo further imprisonment of one month.

The applicants-convicts were prosecuted through Case Crime No.278 of 2006, under Sections 364, 396, 412, 201 IPC, registered at Police Station- Civil Lines, District- Etawah.

Learned counsel for applicants submits that the trial court has overlooked the material discrepancies in the prosecution case while passing the impugned judgment of conviction dated 07.01.2025. Learned counsel submits that out of the total sentence

of five years imposed upon the applicants, a period of more than one year has already been undergone by the applicants and in this regard, he has produced the photostat copy of custody certificates of the applicants issued by Senior Superintendent, Central Jail, Etawah. According to learned counsel, during trial, the applicantsaccused 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 07.01.2025 is based upon correct appreciation of material on record. However, learned A.G.A. does not dispute the period undergone by the applicants.

Upon hearing the learned counsel for the parties and considering their submissions, this Court finds that convicts stood the trial and never misused the concession of bail. That apart, after the judgment of conviction dated 07.01.2025, 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. Applicants have already undergone a period of more than one year in custody out of total awarded sentence of five 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 applicants-

appellants is suspended, subject to their furnishing the requisite bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Etawah.

The application is allowed.

Order Date :- 14.5.2025

Raj

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