Allahabad High Court
Gaurav Pratap Singh vs State Of U.P. on 18 June, 2020
Equivalent citations: AIRONLINE 2020 ALL 2050
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 44 Case :- CRIMINAL APPEAL No. - 7385 of 2019 Appellant :- Gaurav Pratap Singh Respondent :- State of U.P. Counsel for Appellant :- Bal Ram Gupta Counsel for Respondent :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
Order on Bail Application
1. Heard Sri Bal Ram Gupta, learned counsel for appellants and learned A.G.A. for State.
2. Learned counsel for the appellant, Gaurav Pratap Singh, submits that allegation of firing is on the co-accused, Honey Bhatia whereas there is no serious allegation against appellant. It is further submitted that this case does not fall under Section 34 IPC. It is also submitted that appellant has to look after his two minor children and pregnant wife. Lastly he submits that there is no likelihood of early hearing of this appeal and appellant, Gaurav Pratap Singh, is languishing in jail since 11.11.2019.
3. Learned A.G.A. appearing for State has opposed the bail. He, however, has not disputed that the appeal is not likelihood to be listed in the near future.
4. Suspension of sentence by the Appellate Court, during pending appeal, preferred by convicted person and to release on bail is provided under section 389 Cr.P.C. The Appellate Court may even without hearing the counsel for State decline bail. However in case Appellate Court is inclined to consider the release of convict on bail, the counsel for State shall be granted an opportunity to show cause in writing as to why the appellant be not released on bail, more specifically if the convict is sentenced for death or imprisonment for life or for a period of ten years or more. (See, Atul Tripathi Vs State of Uttar Pradesh : (2014) 9 SCC 177).
5. Issue in regard of grant or refusal of bail is considered exhaustively by the Supreme Court in Dataram Singh Vs State of UP and Ors:(2018)3 SCC 22, Sanjay Chandra Vs CBI:(2012) 1 SCC 40 and Nikesh Tara Chand Shah Vs Union of India (2018) 11 SCC 40, which can be very well summarised in following words:
"The grant or refusal of bail is entirely within the discretion of the Judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also condition for the grant of bail ought not to be so strict as to be incapable of compliance, there by making the grant of bail illusory."[para 6 of Dataram (supra)].
6. Post conviction bail requires consideration of principle of sentencing also.
7. In backdrop of above legal position, after considering the rival submissions and record, without commenting on the merit of the case, let the Appellant, Gaurav Pratap Singh, be released on bail in Session Trial No. 1186 of 2011 (State of U.P. vs. Gaurav Pratap Singh), Case Crime No. 304 of 2010, under Sections 307/34, 323/34 IPC, Police Station Chakeri, District Kanpur Nagar, during pending appeal on following conditions:-
(a) To furnish a personal bond and two sureties each in the like amount to the satisfaction of Court concerned.
(b) The appellants shall, either in person or through counsel, be present in this Court for hearing over appeal.
(c) To deposit Fine before the Court within a month, after release from jail.
Order on Memo of Appeal
1. Lower Court Record is received.
2. Office is directed to prepare the paper book and handover copy thereof to learned counsel for parties on usual charges.
Order Date :- 18.06.2020 AK