The Allahabad High Court has suspended the sentence of Ashish Kumar Mishra @ Dikky of Bhawaniganj police station, Siddharth Nagar, who had already served ten years’ imprisonment on the charges of kidnapping and murder, granted him conditional bail.
The Division Bench of Justice Arvind Singh Sangwan and Justice Mohd Azhar Husain Idrisi passed this order while hearing a Criminal Appeal filed by Ashish Kumar Mishra @ Dikky.
This is an application seeking suspension of sentence of accused-appellant Ashish Kumar Mishra @ Dikky.
Counsel for the appellant submitted that the first bail application of the appellant was rejected on 06.12.2027 the operative parts of the order read as under:-
“Counsel for the appellant submitted that the incident is of 25.10.2012. The dead body of the deceased was recovered on 27.10.2012 from the field of one Budh Prakash. FIR was lodged on 27.10.2012. The post mortem of the deceased was conducted on 28.10.2012. He submitted that there is evidence of the last scene of two witnesses. He submits that though witnesses have informed the mother of the deceased that he saw the deceased with the appellant but no effort was made to lodge the FIR on the said date. He submitted that the time of death as has been suggested by the doctor, who did the post mortem of the deceased does not corroborate the prosecution case. The appellant was on bail during the course of trial and after his conviction, the appellant has been in jail since 4.10.2016.”
Counsel for the appellant further submitted that as per custody certificate dated 27.06.2024, appellant has undergone more than 10 years of actual sentence and more than 10 years with remission and he has no criminal history.
It is also submitted that appeal pertains to the year 2016 and the appeal is not likely to mature for final argument because of heavy pendency of cases.
AGA for the State as well as counsel for the informant opposed bail application of the appellant on the ground that since the paper book is ready and the main appeal be heard finally.
Considering the arguments of the counsel for the parties discussed herein above, long custody of the appellant, the facts and circumstances of the case, the Court granted concession of suspension of sentence to the appellant Ashish Kumar Mishra @ Dikky.
The Court ordered that,
Let accused-appellant, Ashish Kumar Mishra @ Dikky convicted and sentenced under Sections 364-A, 302 IPC, police station Bhawaniganj, District Siddharth Nagar be released on bail during the pendency of the appeal subject to his furnishing personal bonds and two sureties each of the like amount to the satisfaction of the Court concerned with the following conditions:-
(i) The appellant shall file an undertaking to the effect that he shall not seek any unnecessary adjournment.
(ii)) The appellant shall not leave India without permission of this Court.
(iii) The appellant shall inform the change of address within 10 days, failing which the State shall be at liberty to request for cancellation of his bail.
In view of the above, the Court allowed the bail application.