Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34912 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A for the State.
2. The present application has been filed with the prayer to modify the order dated 30.8.2024 passed by Session Judge, Gautambudh Nagar in Criminal Appeal No.90 of 2024 and suspend the sentence awarded by order dated 30.7.2024 without imposing the condition of deposit of 20% of the compensation amount till the disposal of Criminal Appeal No.90 of 2024 pending before Session Judge, Gautambudh Nagar.
3. Learned counsel for applicant submits that on account of non compliance of order dated 30.8.2024, applicant has surrendered and is in jail since 30.5.2025. The original sentence awarded by trial court was for a period of six months. 3-A. At this stage, learned counsel for applicant submits that applicant was convicted on 30.7.2024 and is in jail since 30.5.2025 and as such, applicant may be permitted to move fresh bail application before the trial court.
4. Learned counsel for opposite party no.2 has no objection.
5. Accordingly, the application under Section 528 BNSS is dismissed with aforesaid liberty. Versus Counsel for Applicant(s) : Shambhavi Nandan Counsel for Opposite Party(s) : G.A. Sanjay Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. In the event any such application is filed, the same shall be considered and decided by the appellate court, expeditiously, in accordance with law.
October 14, 2025 D. Tamang NA528 No. 34912 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad