Court No.

- 78

Case :- CRIMINAL APPEAL No. - 3131 of 2024

Appellant :- Kailash And Another

Respondent :- State of U.P. and Another
Counsel for Appellant :- Maohammd Nadeem
Counsel for Respondent :- G.A.

Hon'ble Manoj Bajaj,J.

(Order on Appeal)

Admit.

Summon the lower court record.

List this appeal in due course.

(Order on Suspension of Sentence Application

No.1 of 2023)

Applicants-Appellants, namely, Kailash and Pinki

have applied for suspension of sentence during
pendency of the appeal, which arises from the
judgment of conviction and order of sentence dated
7.3.2024 passed by Special Judge (SC/ST Act),
Firozabad in Special Sessions Case No. 310 of 2003,
titled State Vs. Naveen and others, arising out of
Case Crime No. 37 of 2001, under Sections 147, 148,
323/149, 504, 506 I.P.C. and Section 3(1)(X)
Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989, Police Station Sirsaganj,
District Firozabad.

Learned counsel for applicants submits that

applicants have been convicted for alleged
commission of offences punishable under Section
323/149 I.P.C. etc. and have been sentenced for
various offences, with maximum punishment of four
years under Section 3(1)(X) Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
with fine. Learned counsel for applicants has further
submitted that during the pendency of the trial, the
applicants were on regular bail and the said
concession was never misused by them, who have
 been again sent in custody on 7.3.2024. Learned
counsel for applicants submits that appeal is likely to
take considerable time to get mature for final
hearing, therefore, he prays for suspension of their
sentence.

The prayer is opposed by learned A.G.A., who has

argued that conviction of the applicants is based
upon proper appreciation of the prosecution
evidence. However, it is not disputed by learned
A.G.A. that sentence imposed upon the co-convict
namely, Vidyaram of the appellants-applicants has
already been suspended vide order dated 18.4.2024
passed by this Court in Criminal Appeal No. 2742 of
2024.

In view of the above and considering the fact that

appeal may not get mature for final hearing in near
future, this Court without meaning any expression of
opinion on the merits of the appeal deems it
appropriate to suspend the sentence imposed upon
the applicants.

Resultantly, the sentence of the applicant-appellant

is suspended during the pendency of the appeal,
subject to their furnishing the requisite bail bonds
and surety bonds to the satisfaction of Chief Judicial
Magistrate, Firozabad.

The application is allowed.

Order Date :- 26.4.2024

P.S.Parihar

Digitally signed by :-
POORAN SINGH PARIHAR
High Court of Judicature at Allahabad