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PRITINKER DIWAKER, KSHITIJ SHAILENDRA
Arvind Kumar – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details (Para 3) |
| 2. arguments for and against bail (Para 4 , 5 , 6 , 7) |
| 3. bail granted and procedural orders (Para 8 , 9 , 10 , 11) |
JUDGMENT
Order on Bail Applications
2. Heard Sri. Manish Tiwari, learned Senior Counsel assisted by Sri. Aushim Luthra, learned counsel for the appellant, Sri. J.K. Upadhyay, learned AGA for the State, Shri. Pavan Kumar learned counsel for the first informant.
3. As these three appeals arise out of impugned judgement and order dated 06.06.2019 passed by learned Additional Sessions Judge, court No. 6, Mainpuri in Sessions Trial No. 48 of 2013 connected with Sessions Trial Nos.321 of 2013 and 531 of 2013, arising out of Crime No. 1411 of 2011, P.S. Kotwali, District- Mainpuri, convicting the accused appellants Arvind Kumar, Chandra Kumar @ Chandu and Rishi Kumar and sentencing them to undergo two years' simple imprisonment for the offence under Section 147 IPC, three years' simple imprisonment for the offence under Section 148 IPC and imprisonment for life for the offence under Section 302 /149 IPC along with a fine of Rs. 20,000/- in default thereof, to undergo one year's additional simple imprisonment, and imp
Period of incarceration cannot be sole ground for suspension of sentence and grant of bail.
Bail can be granted based on parity when no distinguishable features exist between co-accused cases, especially after long incarceration.
Prolonged custody without trial completion and lack of specific allegations justify granting bail, emphasizing the presumption of innocence.
Suspension of sentence and bail may be granted if the applicant has served more than half of a fixed term sentence and the appeal is unlikely to be heard before the sentence is completed.
Point of Law : Supreme Court having regard to the facts and circumstances of the case and taking note of the fact that the convict Vishal Sharma had already undergone 14 years of incarceration and th....
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
The court weighs the duration of custody and the likelihood of appeal hearings in deciding bail applications.
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