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SURAJ BIND v. STATE OF U.P.

Supreme Court of India | Diary 10894/2024

Status

Order

Decided On

2024-12-10

Bench

HON'BLE MR. JUSTICE PANKAJ MITHAL, HON'BLE MR. JUSTICE SANDEEP MEHTA

Petitioner

SURAJ BIND

Respondent

STATE OF U.P.

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Full Judgment Text

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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(s). OF 2024 (Arising out of SLP(Crl.) No.13416/2024)

SURAJ BIND & ORS. APPELLANT(S)

VERSUS

STATE OF U.P. & ORS. RESPONDENT(S)

ORDER

Leave granted.

Heard learned counsel for the parties.

The present appeal has been preferred against

an order dated 25.01.2024 passed by the High Court in

Criminal Appeal No. 10041 of 2023, titled as “Suraj

Bind and Ors. Vs. State of U.P. and Ors.”.

The High Court by the impugned order has

admitted the criminal appeal against the conviction

of the appellants and sentence of three years

rigorous imprisonment awarded to the appellants but

at the same time, has refused to suspend the

sentence.

The criminal appeal is of the year, 2023 and

looking to the pendency of the criminal appeals in

the High Court at Allahabad, it is not likely to be

heard in near future rather it will take years before

it is finally heard. By that time, the period of

sentence awarded would be over. Therefore, in the

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facts and circumstances of the present case, we deem

it appropriate that during the pendency of the

criminal appeal before the High Court, the order of

conviction and sentence awarded to the appellants

ought to remain suspended and the appellants be

enlarged on bail.

Accordingly, the sentence awarded is directed

to remain suspended during the pendency of the

criminal appea...

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