Kali vs. The State Of Uttar Pradesh

ITEM NO.4 COURT NO.3 SECTION II

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

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Criminal Appeal No(s). 1082/2021

VERSUS

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

(IA No. 197926/2019 - EXEMPTION FROM FILING O.T. AND IA No. 41186/2023 - GRANT OF BAIL)

WITH

Crl.A. No. 763/2021 (II) (FOR SUSPENSION OF SENTENCE ON IA 9065/2024 IA No. 9065/2024 - SUSPENSION OF SENTENCE)

Date : 09-02-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SANDEEP MEHTA

For Appellant(s)

Mr. Dharnidhar Jha, Sr. Adv. Mr. Jayesh Gaurav, Adv. Ms. Diksha Ojha, Adv. Mr. Ranjan Nikhil Dharnidhar, AOR Mr. S R.singh, Sr. Adv. Mr. Sushant Kumar Yadav, Adv. Mr. Ajay Yadav, Adv. Mr. Prateek Yadav, Adv. Mr. Mangal Prasad, Adv. Mr. Gaurav Lomes, Adv. Mr. Prithvi Yadav, Adv. Ms. Swapnil Singh, Adv. Mr. Anurag Singh, Adv.

Mr. Ankur Yadav, AOR

AFJAL Appellant(s)

For Respondent(s)

Ms. Aparna Bhat, AOR Ms. Karishma Maria, Adv. Mr. Gopal Krishna, Adv. Mr. Garvesh Kabra, AOR Mr. Shashank Shukla, Adv. Mrs. Pooja Kabra, Adv. Mrs. Sujata Upadhyay, Adv. Mr. Avanish Deshpande, Adv.

UPON hearing the counsel the Court made the following O R D E R

IA No. 9065/2024 in Crl.A. No. 763/2021

1. This is an application seeking suspension of sentence.

2. Mr. S R.Singh, learned senior counsel appearing for the applicant/appellant submitted that as a matter of fact, the applicant/appellant (Smt. Kali) was not present in the house and allegedly the victim was found in her house.

3. Mr. Garvesh Kabra, learned counsel appearing for the respondent/State and Ms. Aparna Bhat, learned counsel appearing for the complainant vehemently opposes the application.

4. Taking into consideration the fact that the applicant/appellant (Smt. Kali) has been incarcerated in jail for a period of about seven years and considering the material placed on record against the applicant/appellant, we are inclined to grant bail to the present applicant/appellant. 5. The applicant/appellant (Smt. Kali) is directed to be released on bail in connection with Sessions Trial No. 284 of

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2006, on such terms and conditions as may be imposed by the Trial Court.

6. The application is, accordingly, disposed of.

(DEEPAK SINGH) (ANJU KAPOOR)

COURT MASTER (SH) COURT MASTER (NSH)