Shivnarayan vs State of U.P.

Heard Sri Suraj Kumar Singh, learned counsel for appellant and Sri Jhamman Ram, learned AGA-I for the State on the suspension of sentence application.

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Learned counsel for applicant/appellant submits, applicant was posted as Scaler (Ikai Adhikari) in Forest Department and however he has been convicted in the present matter by the trial court for offences under Sections 409, 467, 468, 471, 477-A read with 120B IPC and Section 13(2) P.C. Act but maximum three years sentence has been awarded to him and by the order of trial court applicant is on interim bail.

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He further submits, considering the heavy dockets of the Court, the possibility of early hearing of the appeal in near future is quite remote, therefore, his sentence may be suspended and he may be enlarged on bail during pendency of his appeal.

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Per contra, learned AGA opposed the prayer and submits, after evaluating the prosecution evidence court concerned convicted the appellant/applicant and there is no illegality in the conviction order and prosecution has proved its case beyond reasonable doubt but could not dispute the fact that maximum three years sentence has been awarded to the applicant and applicant is on interim bail.

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I have heard both the parties and perused the record of the case.

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CRLA No. 855 of 2025

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Applicant was posted as Scaler (Ikai Adhikari) in Forest Department and as per prosecution he misappropriated the public fund and on the basis of evidence adduced by the prosecution trial court convicted him for offence under Sections 409, 467, 468, 471, 477-A read with 120B PC and Section 13(2) P.C. Act but it reflects, maximum three years sentence has been awarded to him by the trial court and he is on interim bail.

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Further record suggests that applicant has already deposited the fine imposed upon him.

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Further, considering the heavy dockets of the Court, the possibility of early hearing of the appeal appears to be quite remote.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, appellant has made out a case to suspend his sentence and to enlarge him on bail during pendency of his appeal.

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Accordingly, the suspension of sentence application filed by the appellant is allowed and he is directed to be released on bail during pendency of instant appeal.

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Let appellant - Shivnarayan , convicted and sentenced by the Additional District and Sessions Judge/Special Judge (P.C. Act), Varanasi vide judgment and order dated 23.12.2024 in Special Session Trial No. 11 of 2001 arising out of Case Crime No. E.O.W(Inquiry)-2-Aa-150/1994 for offence under Sections 409, 467, 468, 471, 477-A read with 120B IPC and Section 13(2) P.C. Act Police Station Vigilance Establishment, District Varanasi be released on bail in the above case during pendency of appeal on furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The appellant shall not misuse the liberty of bail in any manner whatsoever.

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(ii) The appellant shall pursue the case regularly, shall not seek any unnecessary adjournment and shall co-operate in early disposal of the present appeal.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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