Supreme Court - Daily Orders
Mohd. Akbar @ Raju vs State Of U.P on 18 July, 2022
Bench: Dinesh Maheshwari, Aniruddha Bose
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 991 OF 2022
(@S.L.P. (Crl.) No. of 2022 @ S.L.P.(Crl.) Dy. No. 5545 of
2022)
MOHD. AKBAR @ RAJU .....Appellant(s)
Vs.
STATE OF U.P .....Respondent(s)
O R D E R
Delay condoned.
Leave granted.
The appellant herein, having been convicted of the offences under Sections 498A, 304, 302 IPC and Sections 3/4 Dowry Prohibition Act has preferred an appeal, being Criminal Appeal No. 3593 of 2015 that remains pending with the High Court. It is pointed out that the appellant has already undergone nearly 11 years of actual imprisonment.
Though learned counsel for the respondent-State has attempted to oppose the prayer made on the behalf of the appellant but, could not dispute the fact that the appellant has already undergone more than 11 years of actual imprisonment and the appeal remains pending in the High Court. It has also not been shown if hearing of the appeal has been deferred or delayed because of any fault on the part of the appellant. Moreover, nothing blameworthy in his jail conduct has been indicated. That being the position, we are Signature Not Verified inclined to grant indulgence to the appellant. Digitally signed by NEETA SAPRA Date: 2022.07.18 18:07:19 IST Reason:
Accordingly, this appeal is allowed and in modification of the 1 impugned order, execution of the sentence awarded to the appellant is ordered to remain suspended during the pendency of appeal before the High Court. He may be released on bail on such terms and conditions as may be imposed by the Trial Court. All pending applications stand disposed of.
...................J. (DINESH MAHESHWARI) ....................J. (ANIRUDDHA BOSE) New Delhi;
July 18, 2022.
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ITEM NO.45 COURT NO.13 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 5545/2022 (Arising out of impugned final judgment and order dated 20-02-2018 in SBA No. NIL/2016 passed by the High Court of Judicature at Allahabad) MOHD. AKBAR @ RAJU Petitioner(s) VERSUS STATE OF U.P Respondent(s) (FOR ADMISSION and I.R. IA No. 43977/2022 - EXEMPTION FROM CUSTODY CERTIFICATE IA No. 43973/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 43975/2022 - EXEMPTION FROM FILING O.T.) Date : 18-07-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Pradeep Kumar Yadav, Adv.
Mr. Shirsat Sanjay Bhaskar, Adv.
Mr. P. Nanda Aryan, Adv.
Mr. Sanjeev Malhotra, AOR Mr. Shiva Kant Vats, Adv.
For Respondent(s) Mr. Ankit Goel, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is allowed in terms of signed order. The operative portion of the order reads as under:
“The appeal is allowed and and in modification of the impugned order, execution of the sentence awarded to the appellant is ordered to remain suspended during the pendency of appeal before 3 the High Court. He may be released on bail on such terms and conditions as may be imposed by the Trial Court”.
All pending applications stand disposed of.
(NEETA SAPRA) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file) 4