Shyamlal vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2026)

Shyamlal vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Prayer for bail allowed: applicant-appellant Shyamlal to be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned; sentence suspended during pendency of the appeal; conditions imposed — no transfer/sale/alienation/charge on immovable property without leave of the Court, intimation of change of address within ten days, deposit of 50% of the fine within one month of release with the remaining 50% stayed till disposal of the appeal; bonds to be transmitted to the High Court on furnishing; appeal to be listed for hearing in due course with paper book to be prepared within six weeks.

Issue for consideration

Whether the appellant Shyamlal, convicted and sentenced in Sessions Trial No. 591 of 2006 (State vs. Kunwarsen and others, Sections 302/149, 364, 201 IPC) and Sessions Trial No. 862 of 2007 (State Vs. Shyam Lal, Section 4/25 Arms Act), should be enlarged on bail and his sentence suspended during the pendency of Criminal Appeal No. 4708 of 2026.

Court's answer

Considering that more than a hundred criminal appeals are listed before the Court per day, that it is not humanly possible to decide all on merit, and that there is a remote possibility of hearing the appeal in the near future, the prayer for grant of bail to the applicant is allowed.

Ratio / Principle

The applicant-appellant, convicted and sentenced in the aforesaid crimes, is to be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

Key takeaways

The sentence awarded to the applicant-appellant shall remain suspended during the pendency of this appeal.ratio¶21
Condition of bail: the applicant-appellant shall not transfer, sell, alienate or create any charge on the immovable property in his name while on bail, save with leave of the Court.ratio¶22
Condition as to fine: the appellant-applicant is directed to deposit 50% of the fine within one month from the date of his release from jail; the remaining 50% of the fine shall remain stayed till the pendency of the criminal appeal, and in default of deposit the fine shall be recovered in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth and Vinai Kumar Dwivedi, JJ.), order dated 29.05.2026 on Criminal Misc. Suspension of Sentence Application in Criminal Appeal No. 4708 of 2026 — Shyamlal v. State of U.P. The appellant, convicted and sentenced in Sessions Trial No. 591 of 2006 (State vs. Kunwarsen and others; Case Crime No. 327 of 2005, Sections 302/149, 364, 201 IPC, P.S. Kadar Chowk, District Budaun) and Sessions Trial No. 862 of 2007 (State Vs. Shyam Lal; Case Crime No. 10 of 2006, Section 4/25 Arms Act, P.S. Binawar, District Budaun), was enlarged on bail and his sentence suspended during the pendency of the appeal. The Court noted that more than a hundred criminal appeals are listed per day, making it not humanly possible to decide all on merit, with a remote possibility of early hearing. Counsel for the appellant relied on bail granted to co-accused Mahtab (order dated 18.07.2022 in Criminal Appeal No. 7248 of 2019) and Kunwarsain (order dated 05.02.2025 in Criminal Appeal No. 7286 of 2019), and submitted that the case rested on circumstantial evidence, that the name of the appellant surfaced in the confessional statement of co-accused Kunwarsain which could not be read against him, and that the appellant was in jail since 24.09.2019 having been on bail during trial, with a criminal history of seven cases (all minor except the present) explained in a supplementary affidavit dated 29.05.2026. Bail conditions: personal bond and two sureties of the like amount; no transfer, sale, alienation or charge on immovable property without leave of the Court; intimation of any change of address within ten days, failing which the State may seek cancellation; deposit of 50% of the fine within one month of release, the remaining 50% stayed till disposal of the appeal, failing which the fine is recoverable in accordance with law. Office directed to prepare the paper book within six weeks; appeal listed for hearing in due course.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 4708 of 2026

Shyamlal

.....Appellant(s)

Versus

State of U.P.

.....Respondent(s)

Counsel for Appellant(s)	: Saurabh Yadav
Counsel for Respondent(s)	: G.A.

Court No. - 44

HON'BLE SIDDHARTH, J. HON'BLE VINAI KUMAR DWIVEDI, J.

Order on Criminal Misc. Suspension of Sentence Application

Heard Mr. Manvendra Singh, learned Advocate holding brief of Mr. Saurabh Yadav, learned counsel for the appellant, learned A.G.A. for the State and perused the record.

This bail application has been moved on behalf of appellantapplicant, Shyamlal , praying to enlarge him on bail in Sessions Trial No. 591 of 2006, (State vs. Kunwarsen and others), arising out of Case Crime No.327 of 2005, under Sections 302/149, 364, 201 IPC, Police Station-Kadar Chowk, District-Budaun and Sessions Trial No. 862 of 2007 (State Vs. Shyam Lal), arising out of Case Crime No. 10 of 2006, under Section 4/25 Arms Act, Police Station-Binawar, DistrictBudaun , during the pendency of this appeal.

Learned counsel for the appellant has submitted that there was evidence of last seen against co-accused Dular and Mahtab. The co-accused Mahtab has already been granted bail by the coordinate Bench of this Court vide order dated 18.07.2022 in Criminal Appeal No. 7248 of 2019. Other co-accused, Kunwarsain, has also been granted bail vide order dated 05.02.2025 in Criminal Appeal No. 7286 of 2019. It is further submitted that the name of the appellant has surfaced in the confessional statement of Kunwarsain. It is a case of circumstantial evidence. The confessional statement of co-accused cannot be read against the appellant. The appellant has been languishing in jail since 24.09.2019 and was on

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bail during trial. It is also submitted that the appellant has criminal history of seven cases which are explained in the supplementary affidavit dated 29.05.2026 and except the present case, all other cases are of the minor offences. This appeal is of the year 2026. It is not likely to be heard in near future.

Learned A.G.A. has vehemently opposed the prayer for bail of applicantappellant but could not dispute the contentions of the learned counsel for the appellant.

After hearing the rival submissions and considering the fact that there are more than hundred criminal appeals being listed before this court per day and it is not humanly possible to decide all on merit. There is remote possibility of hearing of this appeal in near future hence prayer for grant of bail to the applicant is allowed.

Let the applicant-appellant convicted and sentenced in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned.

The sentence awarded to applicant-appellant shall also remain suspended during the pendency of this appeal.

Applicant-appellant shall not transfer, sell, alienate or create any charge on the immovable property in his name, while on bail save with leave of this court.

The appellant shall inform the change of address, if any, within ten days, failing which the State shall be at liberty to request for cancellation of his bail.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.

The appellant-applicant is directed to deposit 50% of fine within a period of one month from the date of his release from jail. Remaining 50% of fine shall remain stayed till the pendency of criminal appeal.

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It is made clear that in case, the fine is not deposited within the time as specified above, the same shall be recovered in accordance with law.

Order on Criminal Appeal

Office is directed to get the paper book prepared within six weeks, if not prepared.

List this appeal for hearing in due course.

(Vinai Kumar Dwivedi,J.) (Siddharth,J.)

May 29, 2026 Shubham

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