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Supreme Court - Daily Orders

Ashish Pandey vs State Of U.P on 6 May, 2014

°                                                                   REVISED
ITEM NO.4                   COURT NO.10              SECTION II


                S U P R E M E   C O U R T   O F    I N D I A
                             RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl) No(s).2983/2014

(From   the judgement    and order      dated   24/02/2014 in          CRLA
No.1401/2012, of The HIGH COURT OF JUDICATURE AT ALLAHABAD)


ASHISH PANDEY                                          Petitioner(s)

                            VERSUS

STATE OF U.P                                           Respondent(s)

(With appln(s) for bail and office report)

Date: 06/05/2014      This Petition was called on for hearing today.


CORAM :
            HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
            HON’BLE MR. JUSTICE RANJAN GOGOI



For Petitioner(s)          Mr. Krishna Kant Shukla, Adv.
                           Ms. Mridula Ray Bharadwaj,Adv.
                           Dr. Sumant Bhardwaj, Adv.

For Respondent(s)          Mr. R.K. Dash, Sr. Adv
                           Ms. Archana Singh, Adv.
                           Mr. Abhisth Kumar, Adv.


               UPON hearing counsel the Court made the following

                                     O R D E R

Leave granted.

The appeal stands disposed of in terms of the Signed Order.

            [ Meenakshi ]                        [ Usha Sharma]
             Court Master                           Court Master

[Signed Order is placed on the file] -1- IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1114 OF 2014 (ARISING OUT OF SLP (CRL) NO. 2983/2014 ASHISH PANDEY Appellant(s) VERSUS STATE OF U.P Respondent(s) O R D E R Leave granted.

The appellant has challenged order dated 24.2.2014 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 1401 of 2012. By the impugned order, the Bail Application No. 63347 of 2013 preferred by the appellant was rejected.

Learned counsel for the appellant submits that the appellant has been sentenced to undergo imprisonment for ten years for the offence u/s 498A and 304B IPC and Dowry Prohibition Act. He is already in custody for more than six years and there is no likelihood of hearing of the appeal in near future.

Having regard to the facts and circumstances of the case, we allow the prayer, set aside impugned order dated 24.2.2014 passed by the High Court of Judicature at Allahabad, suspend the sentence and direct that the appellant be released on bail subject to his furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand only) with two -2- solvent sureties for the like amount to the satisfaction of the Trial Court.

The appeal stands disposed of.

.............................,J. (SUDHANSU JYOTI MUKHOPADHAYA) .............................,J.

(RANJAN GOGOI) New Delhi;

May 6, 2014