Allahabad High Court
Prerna vs State Of U.P. on 27 May, 2022
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL APPEAL No. - 3364 of 2022 Appellant :- Prerna Respondent :- State of U.P. Counsel for Appellant :- Avinash Pandey Counsel for Respondent :- G.A. Hon'ble Samit Gopal,J.
Order on Appeal Heard Sri Avinash Pandey, learned counsel for the appellant and Sri S.B. Maurya, learned counsel for the State and perused the material on record.
Admit.
Summon the lower court record.
List the appeal on its turn.
Order on Criminal Misc. Suspension of Sentence Application No. Nil of 2022 This appeal has been filed against the judgement and order dated 05.05.2022 passed by the Additional District & Session Judge, Court No.9, Saharanpur in Criminal Misc. Case No. 175 of 2022 (State vs. Prerna) , under Sections 344 Cr.P.C., Police Station Sadar Bazar, District Saharanpur, convicting and sentencing the appellant under Section 344 Cr.P.C. for 03 months imprisonment & fine of Rs. 400/- and in default of payment of fine to undergo 15 days additional imprisonment.
Learned counsel for the appellant argued that the appellant is a lady. It is further argued that the appellant has been convicted for 03 months imprisonment along with fine and default stipulation. The appellant has been granted interim bail vide order dated 06.05.2022, the copy of the said order is annexed as Annexure-3 to the affidavit. The appellant has no criminal history as stated in para 16 of the affidavit. It is further argued the appellant has deposited the fine as imposed on her vide order dated 06.05.2022. Paragraph 12 and Annexure-4 of the affidavit have been placed before the Court.
Per contra, learned counsel for the State has opposed the prayer for bail.
Looking to the facts and circumstances of the case, this Court is of the view that the appellant be released on bail.
Let the appellant- Prerna, convicted and sentenced in Criminal Misc. Case No. 175 of 2022 (State vs. Prerna) , under Sections 344 Cr.P.C., Police Station Sadar Bazar, District Saharanpur, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
Order Date :- 27.5.2022 AS Rathore (Samit Gopal,J.)