Court No. - 52
Case :- CRIMINAL APPEAL No. - 4800 of 2017 Appellant :- Yogendra And Another Respondent :- State Of U.P.
Counsel for Appellant :- Dileep Kumar Shukla,Mohit Singh Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellants and learned AGA for the State.
The present appeal has been filed by the applicant against the judgement and order dated 10.8.2017 passed by Additional Session Judge, District Moradabad in S.T. No. 1023 of 2009 (State vs. Yogendra and another) arising out of Case Crime No. 503 of 2007, u/s 307, 504 IPC, P.S. Bahjoi, district Sambhal.
The appellant has already granted bail against his conviction u/s 307 IPC. Now an application u/s 389(1) Cr.P.C. has been moved to stay effect and operation of the order of conviction dated 10.8.2017 passed by learned court below on the ground that the appellant is a fair price shop dealer and on account of his conviction his license has been suspended, therefore, he is suffering severe civil consequences.
I have perused the impugned judgement and order and the manner in which the offence has been committed. Learned counsel for the appellant could not point out any such circumstance or evidence which makes participation of the appellant doubtful at this stage and it is well settled that for staying conviction of an accused very cogent reasons have to be assigned for the same. Learned counsel has failed to point out any such circumstance which warrants stay of conviction of the appellant.
I do not find any merit in the application u/s 389(1) Cr.P.C. and the same is accordingly rejected.
List this appeal in due course for final hearing.
Order Date :- 30.11.2018 Dhirendra/