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Allahabad High Court

KAILASH YADAV AND ANOTHERversusSTATE OF U.P.

Decided

Holding

The Court held that the appellant had made out a prima facie case for a stay, and therefore stayed the operation of the conviction and sentence pending the appeal.

Summary

The appellant, Kailash Yadav, filed an application seeking a stay of the conviction and sentence imposed on 30 November and 2 December 2023 in S.T. No.158/2018 for offences under Section 325 read with Section 34 of the Indian Penal Code. The appellant argued that the judgment was illegal, the prosecution case was infirm, and that he was falsely implicated due to political rivalry, asserting that the alleged injuries were not dangerous to life. The State opposed the stay, contending that the conviction should stand. The High Court, without addressing the merits, found that the appellant had made out a prima facie case for a stay. Consequently, the Court ordered that the effect and operation of the impugned judgment and conviction be stayed pending the outcome of the appeal, and disposed of the application.

Issues considered

  • Whether a stay of the operation of a conviction and sentence can be granted pending the disposal of a criminal appeal.
  • Whether the appellant has made out a prima facie case justifying such a stay.

Legislation cited

Subjects

  • stay of conviction
  • criminal appeal
  • Section 325 IPC
  • Section 34 IPC
  • political rivalry
  • bail
  • suspension of sentence

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL APPEAL No. - 12463 of 2023

Kailash Yadav And Another
                                                                .....Appellant(s)
                                    Versus
State of U.P.
                                                              .....Respondent(s)

Counsel for Appellant(s)         : Kartikeya       Saran,      Narayan
                                   Singh(Kushwaha)
Counsel for Respondent(s)        : Anil Kumar, Damodar Singh, Devendra
                                   Vikram Singh, G.A.

Court No. - 93
            HON'BLE MRS. VANI RANJAN AGRAWAL, J.

Ref:- Criminal Misc. Suspension of Sentence Application No.08/2025

Heard learned counsel for the applicant no.1 and learned A.G.A. for the
State.

This application has been preferred by learned counsel for the applicant no.1
seeking stay of the effect and operation of the impugned
judgment/conviction order dated 30.11.2023 & 02.12.2023 passed in S.T.
No.158/2018 (State vs. Kailash Yadav and Ors.), arising out of Case Crime
No.36 of 2018, under Section 325 read with Section 34 I.P.C., Police
Station- Kotwali Lalitpur, District- Lalitpur, during the pendency of the
present appeal.

Learned counsel for the applicant no.1 submits that vide order dated
27.02.2024, the applicant no.1 has been released on bail by this Court.

He further submits that the impugned judgment and order is illegal and
against the weight of evidence on record; that the prosecution case suffers
from serious infirmities; and that the appeal raises substantial and arguable
questions of law and fact. It is further submitted that the applicant no.1 was
Ex- District Panchayat President due to which he has falsely been implicated
in the present case owing to political rivalry. It is further submitted that that
the alleged injuries received by the injured person are apparently not
dangerous to life in any manner and that was not caused by the appellant
no.1. It is further submitted that unless the effect and operation of the
impugned judgment/conviction order is stayed, the applicant no.1 shall
                                                                                            CRLA No. 12463 of 2023
                                                                     2


                                    suffer irreparable loss and injury.

                                    Learned A.G.A. for the State has opposed the prayer.

                                    Considering the submissions of learned counsel for the parties and without
                                    expressing any opinion on the merits of the case, this Court is of the view
                                    that the applicant no.1 has made out a prima facie case for stay the
                                    judgment/conviction order dated 30.11.2023 & 02.12.2023.

                                    Accordingly, the effect and operation of the impugned judgment/conviction
                                    order dated 30.11.2023 & 02.12.2023 passed in S.T. No.158/2018 (State vs.
                                    Kailash Yadav and Ors.), arising out of Case Crime No.36 of 2018, under
                                    Section 325 read with Section 34 I.P.C., Police Station- Kotwali Lalitpur,
                                    District- Lalitpur, shall remain stayed during the pendency of the present
                                    appeal.

                                    The application is accordingly disposed of.

                                    March 24, 2026
                                    Pravesh Mishra
                                                                                  (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
PRAVESH KUMAR MISHRA
High Court of Judicature at Allahabad


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