Court No. - 7
Case :- CRIMINAL APPEAL No. - 2542 of 2009
Petitioner :- Krishna Dev Singh
Respondent :- State Of U.P.
Petitioner Counsel :- Vijay Kumar Shukla
Respondent Counsel :- Govt. Advocate
Hon'ble Vedpal,J.
Heard learned counsel for the appellant as well as learned A.G.A. on the prayer for bail pending
appeal and also perused the record of the case.
In S.T.No.368 of 2008 (Crime No.60/2006), appellant Krishna Dev Singh has been convicted
under Sections 379 and 411 I.P.C. The maximum sentence awarded to the appellant under
both the counts is three years’ simple imprisonment alongwith a fine of Rs.1000/- and in
default of payment of fine to further undergo imprisonment of two months.
It is contended by the learned counsel for the appellant that the appellant has been falsely
implicated in the case ; that he has no criminal history and he was on bail during the trial and he
has not misused the liberty of bail. It has further been contended that evidence is not sufficient to
prove the guilt of the appellant beyond reasonable doubt and he has every hope of success and as
such he should be enlarged on bail during the pendency of appeal by suspending sentence.
Bail has been opposed by learned A.G.A.
I have considered the respective submissions made by the parties and perused the impugned
judgment and order passed by the trial court alongwith the record of the appeal. The maximum
sentence of imprisonment awarded to the appellant, is only three years. Hon’ble the Supreme
Court in the case of Bhagwan Rama Shinde Gosai Vs. State of Gujrat( 1999) 4 SCC 421 has held
that when a person is convicted and sentences to a short term imprisonment, normal rule is that
when his appeal is pending, sentence should be suspended by enlarging appellant on bail and
rejection can only be by way of exception.
Having regard to the facts and circumstances of the case, keeping in view the arguments put
forward by the parties, probability factors of the evidence on record, term of the imprisonment
awarded, conduct of appellant when on bail during the trial and the principles laid down by
Hon’ble Supreme Court, I am of the view that it is a fit case for bail and suspension of sentence
of imprisonment. Let appellant be released on bail on furnishing a personal bond with :two
reliable sureties each in the like amount to the satisfaction of the C.J.M./court concerned
provided he deposits the amount of fine imposed upon him by the trial court.
The sentence of imprisonment awarded to the appellant, shall remain suspended during the
pendency of appeal.
Order Date :- 7.1.2010
Tripathi