The Allahabad High Court has granted bail to cabinet minister Nand Gopal Gupta Nandi, convicted by the special court in a case registered at Police Station Mutthiganj District- Allahabad.
A Single Bench of Justice Rajiv Gupta passed this order while hearing a criminal appeal filed by Nand Gopal Gupta @ Nandi.
The criminal appeal has been filed against the order dated 25.1.2023 passed by Addl Sessions Judge/Special Judge, MP/MLA Court, Allahabad in Session Trial arising out of Case, P.S Mutthiganj, District- Allahabad, whereby the appellant has been convicted for the offence under Section 323/149 IPC and awarded the sentence of six months simple imprisonment and a fine of Rs 500/- and under Section 147/149 IPC and awarded the sentence of one year simple imprisonment and a fine of Rs 5000/-with default stipulations.
Counsel for the appellant has submitted that the appellant is wholly innocent and has been falsely implicated in the case due to ulterior motives.
Counsel for the appellant further submitted that the court below has not appreciated the evidence and material on record in right perspective and has illegally passed the order dated 25.1.2023 convicting and sentencing the appellant.
Counsel for the appellant also submitted that the maximum sentence awarded to the appellant is that of one year and the appellant has already been directed to be released on interim bail by the court below vide order dated 25.1.2023.
Counsel for the appellant said that the appeal is of the year 2023 and the chances of appeal being heard in near future is very bleak due to heavy dockets, as such, the appellant be released on bail.
Per contra, A.G.A could not dispute the aforesaid facts and the fact that maximum sentence awarded to the appellant is one year and he has no criminal history to his credit and the appellant had already been released on interim bail by the court below vide order dated 25.1.2023.
“Having considered the rival submissions made by counsel for the parties and on perusal of the record, it is evident that maximum sentence awarded to the appellant is only for a period of one year and the appellant is already on interim bail. The final disposal of the appeal will take a long time on account of heavy dockets, as such, the appellant has made out a case for bail”, the Court observed while allowing the prayer for suspension of sentence.
“Let the appellant- Nand Gopal Gupta @ Nandi be released on bail in the aforesaid case on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to deposition of fine, if already not deposited”, the Court ordered.