Court No. - 79
Case :- CRIMINAL MISC. APPLICATION U/S 389(2) No. - 14 of 2019 Applicant :- Kunwar Digvijay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This application under Section 389(2) Cr.P.C. has been filed by Kunwar Digvijay Singh, with a prayer for grant of bail during appeal in Criminal Appeal No. 55 of 2018 (Kunwar Digvijay Singh Vs. State of U.P.) pending in the Court of Additional Session Judge, Court No. 1, Firozabad, under Section 420 I.P.C., arising out of Case Crime No. 803 of 2013, Police Station South, District Firozabad.
Learned counsel for the convict-applicant was convicted and sentenced with six years rigorous imprisonment and fine of Rs. 26,47,660 and in default of fine there was further imprisonment of six months for above conviction passed by Court of Chief Judicial Magistrate, Firozabad on 5.10.2018, in Criminal Case No. 3057 of 2014, State Vs. Kunwar Digvijay Singh. A criminal appeal No. 55 of 2018, was filed before the Court of Session Judge, Firozabad, wherein appeal was admitted. An application under Section 389(1) Cr.P.C. was moved before above First Appellate Court, wherein a direction for making deposit of half of above imposed fine before hearing of bail application was made vide order dated 5.1.2019, whereupon, a proceeding under Section 482 Cr.P.C. No. 23511 of 2019 (Kunwar Digvijay Singh vs. State of U.P. and another) was filed before this Court wherein this Court vide order dated 26.6.2019 has set aside above order of First Appellate Court, holding the same to be beyond provision of Section 357(2) of Cr.P.C. A specific direction for disposal of application as per law was made with an option for imposing any condition in case of grant of bail. First Appellate Court rejected the bail application of convict appellant during appeal, mentioning order of this Court dated 26.5.2016, passed over bail application, moved during trial before this Court. In order dated 23.7.2019, no mention of order of this Court dated 26.6.2019, was made by First Appellate Court, hence, under Section 389(2) Cr.P.C. this application has been moved with above prayer.
Learned counsel for convict-applicant argued that convict- applicant is languishing in jail since more than five years as against substantial punishment awarded of six years rigorous imprisonment. Almost substantial punishment has been suffered by him, hence, bail during appeal has been prayed for.
Learned AGA has vehemently opposed the prayer but could not oppose the above factual aspects.
Having heard learned counsels for both sides and gone through the facts placed on record, it is apparent that convict-applicant has been convicted and sentenced with six years rigorous imprisonment and fine of Rs. 26,47,660/-, wherein the compensation under Section 257 of Cr.P.C. has been awarded to informant-Life Insurance Corporation, the amount which was usurped by convict-appellant. The imprisonment of six months in default of payment of fine of above was also imposed and convict-applicant has filed appeal, which is pending before Additional Session Judge, Ist, Firozabad, as Criminal Appeal No. 54 of 2018. Five years four months has been suffered as against six years of imprisonment by convict-applicant, hence, there is proof of diversion of money in the tune of Rs. 26,37,607/- from the account of Life Insurance Corporation to the personal account of convict appellant under the garb to distribution to beneficiaries. Hence, the offence was very heinous. Accordingly, the conviction and sentences was there.
Under all above facts and circumstances, application under Section 389(2), is liable to be allowed, subject to condition that convict-applicant shall be enlarged on bail in this criminal appeal, subject to satisfaction of First Appellate Court by (i) filing personal bond and two sureties for like amount with deposit of fine of Rs. 26,37,660/-, as against imposed fine of Rs. 26,47,660/-. (ii) Convict-applicant shall cooperate in disposal of appeal before the trial Court and will not hamper the hearing any more.
However, trial Court is directed to decided the appeal at an earliest.
Order Date :- 30.9.2019 Kamarjahan