Chief Justice's Court
Case :- CRIMINAL APPEAL No. - 5455 of 2018 Appellant :- Sanjay Respondent :- State Of U.P.
Counsel for Appellant :- Mr Sukhvir Singh Counsel for Respondent :- A.G.A.
Hon'ble Govind Mathur,Chief Justice Hon'ble Dr. Yogendra Kumar Srivastava,J.
While pressing this application, learned counsel appearing on behalf of the accused-appellant states that a Division Bench of this Court has already granted application seeking suspension of sentence preferred by co-accused Kaushlendra and stated that the case of co-accused Kaushlendra and the present appellant- Sanjay is not distinguishable. Co-accused Kaushlendra was identified by PW-2 Indra Pratap during the course of identification parade in prison and at the instance of present appellant, a gold article was recovered and that too was identified by PW-2 Indra Pratap. No other evidence is available against the appellant and the case of accused-appellant is identical in nature to the case of co-accused Kaushlendra. A copy of the order, passed by a Division Bench of this Court in the case of co-accused Kaushlendra (Criminal Appeal No.5869 of 2016), is available on record as Annexure-1.
Having considered the arguments advanced and also going through the evidence as discussed in the judgement impugned and the record available, without making any observation on merits of the case, we deem it appropriate to accept the application seeking suspension of sentence. Accordingly, the application is allowed. Sentence awarded to the accused-Sanjay under the judgement impugned dated 20th September, 2016 is suspended.
Let the appellant-Sanjay be released on bail in Special Session Trial No.193 of 2008, State of U.P. Vs. Sanjay in Case Crime No.210 of 2008, under Sections 396 and 412 of Indian Penal Code, Police Station Kayamganj, District Farrukhabad, provided he furnishes two sureties of Rs.50,000/- each and a personal bond of the same amount to the satisfaction of the trial court.
The appellant is required to mark his attendance at Police Station Kayamganj, District Farrukhabad, twice in a year in between 1st to 7th January and 1st to 7th July of the year concerned. In the event of failure to appear before the Police Station as per directions above, the bail bonds and sureties executed by the appellant to avail suspension of sentence shall stand forfeited.
Order Date :- 29.11.2018 m.a.
(Dr. Y.K. Srivastava, J.) (Govind Mathur, C.J.)