B.K.TIWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Conflict of opinion expressed by two learned Single Judges of this Court regarding maintainability of bail application before the High Court under Sec. 389(2), Cr.P.C., in a criminal appeal pending before the court subordinate to it, has led to this matter being placed before us pursuant to the orders passed by Hon 'ble the Chief Justice.

(2.) We have heard Sri Syed Imran Ibrahim and Sri Aushim Luthra, learned counsel for the applicant and Sri Pankaj Kumar Tripathi, learned AGA for the State.

(3.) Facts giving rise to the present proceedings lie in a narrow compass. Criminal proceedings came to be initiated against the present applicant under Sec. 409, IPC pursuant to FIR lodged in Case Crime No. 519 of 2005, Police Station Kalyanpur, District Kanpur Nagar on 3/8/2005. On conclusion of investigation in this case the prosecution submitted charge-sheet whereafter trial commenced against the applicant in Case No. 10596 of 2009. The proceedings culminated in conviction of applicant vide judgment dtd. 23/1/2016. On 27/1/2016 the applicant was sentenced to six years rigorous imprisonment along-with fine of ? 5,000/- and the default sentence was of simple imprisonment for one year. Aggrieved by his conviction and sentence the applicant preferred Criminal Appeal No. 15 of 2016 (B.K. Tewari v. State of U.P.), under Sec. 409, IPC, arising out of case crime No. 519 of 2005, Police Station Kalyanpur, District Kanpur Nagar pending in the Court of learned Session Judge, Kanpur. An application for bail was also filed in the appeal which came to be rejected on 4/2/2016.