Allahabad High Court
Deep Singh vs State Of U.P. on 21 September, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:184031 Court No. - 78 Case :- CRIMINAL APPEAL No. - 2601 of 2019 Appellant :- Deep Singh Respondent :- State of U.P. Counsel for Appellant :- Dharmendra Singh,Rajrshi Gupta,Vinay Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Raj Beer Singh,J.
Order on application for suspension of sentence and grant of bail under Section 389(1) Cr.P.C.
1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
2. This second bail application has been filed on behalf of the appellant for grant of bail during pendency of this appeal.
3. Appellant have been convicted under Sections 376, 323 I.P.C. and Section 3/4 of POCSO Act by the trial court and maximum sentence awarded to the appellant is 10 years R.I. along with fine.
4. Learned counsel for the appellant submits that the appellant is innocent and the trial court has not appreciated the evidence in correct perspective. There is delay of two days in lodging the first information report. Statement of victim/P.W.-1 recorded before the trial court and it is submitted that there are material contradictions in her statement.
5. It is further submitted that the first bail application of appellant was rejected by this Court vide order dated 04.08.2021 but appeal could not be heard so far and now the appellant has already undergone the actual custody of about 5 years 10 months and with remission he has undergone custody of more than six and half years and thus more than half sentence has already been served by the appellant, thus, in view of the law laid down by the Hon'ble Apex Court in the cases of Saudan Singh v The State of U.P., 2022 0 Supreme (SC)221 and Suleman v. The State of U.P., Crl. A.No. 491/2022, the appellant deserves to be enlarged on bail. It was also submitted that there is no possibility of early hearing in the appeal and that appellant is languishing in jail since 02.12.2017.
6. Learned A.G.A. has opposed the application for suspension of sentence and submitted that the victim is a minor girl aged about 15 years.
7. Considering the submissions of learned counsel for the appellant, the quantum of sentence undergone by the appellant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that the appellant is entitled to be released on bail during pendency of the appeal. Hence, the bail application is hereby allowed.
8. Let the appellant-Deep Singh, convicted and sentenced in Special Case No. 04P/2018 (State Vs. Deep Singh), arising out of Case Crime No. 490 of 2017, under Sections 376, 323, 324 I.P.C. and Section 3/4 POCSO Act, Police Station - Phafund, District - Auraiya, be released on bail on his furnishing a personal bond with two sureties (one should be of his family member) each in the like amount to the satisfaction of the court concerned.
9. On acceptance of bail bonds and personal bond, the court concerned shall transmit photostat copies thereof to this Court for being kept on the record.
10. Realization of 50% of the amount of fine imposed by the trial court shall remain stayed during the pendency of this appeal.
Order on Appeal
11. Appeal be listed in due course.
Order Date :- 21.9.2023 Atul