SHYAM VEER SINGH vs THE STATE OF UTTAR PRADESH - 2024-02-13

O R D E R

Leave granted.

The short question which arises for consideration is as to whether the observations of the High Court in granting suspension of sentence to the private respondents on the ground that they do not have any criminal antecedents has to be ignored or not.

Though, we do not find any deliberate attempt on the part of the private respondents in suppressing the prior criminal antecedent on their part, as not only them but also the State has brought the aforesaid factum to the notice of the Court. However, the recording is to the effect that the respondents do not have any criminal antecedents. In such view of the matter, we are inclined to set aside the impugned judgment, as, from the record, we find that there are several cases in which they are said to have been involved.

Accordingly, the impugned order is set aside and the matter is remitted back to the High Court for fresh consideration by taking into consideration the criminal antecedents of the private respondents and thereafter pass a speaking order.

We make it clear that the respondents need not surrender as more than seven months have elapsed from the date of the grant of suspension of sentence.

However, we request the request the High Court to decide the applications for suspension of sentence in Criminal Misc. Bail Application No.1/2022 in Criminal Appeal No.2257/2022 and Criminal Misc. Bail Application No.1 of 2022 in Criminal Appeal NO.3478/2022 within a period of four weeks.

The appeals stand allowed accordingly.

………………………………….J.

[M.M. SUNDRESH]

………………………………….J.

[S.V.N. BHATTI]

NEW DELHI;

FEBRUARY 13, 2024.

ITEM NO.15 COURT NO.14 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No.12986-12987/2023

(Arising out of impugned final judgment and order dated 29-05-2023 in CRMBA No.1/2022 in Criminal Appeal No.3478/2022 29-05-2023 in CRMBA No.1/2022 Criminal Appeal No.2257/2022 passed by the High Court of Judicature at Allahabad)

SHYAM VEER SINGH Appellant(s)

VERSUS THE STATE OF UTTAR PRADESH & ANR.ETC. Respondent(s)

Date : 13-02-2024 These appeals were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Appellant(s) Mr. Salman Khurshid, Sr. Adv.

Ms. Lubna Naaz, AOR Ms. Arushi Jain, Adv.

For Respondent(s) Mr. Ardhendumauli Kumar Prasad, Sr. A.A.G.

Mr. Diwakar P Chaturvedi, Adv.

Mr. Yasharth Kant, AOR M/S. Manoj Swarup And Co., AOR Mr. Manoj Swarup, Adv.

Mr. Abhishek Swarup, Adv.

Mr. Anubhav Kumar, Adv. Mr. Chetan Sharma, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeals are allowed in terms of the signed order.

Pending application, if any, stands disposed of.

(ASHA SUNDRIYAL (POONAM VAID)

ASTT. REGISTRAR CUM PS COURT MASTER (NSH)

[SIGNED ORDER IS PLACED ON THE FILE]