RAGHVENDRA KUMAR,J. - (1.) HEARD Sri A.K. Shukla, learned counsel for the appellants, learned A.G.A. for the State of U.P.
(2.) THIS application under section 389 Cr.P.C. has been moved in criminal appeal no. 4386 of 2013 on behalf of the appellant Smt. Siya Janki with a prayer that the order dated 16.12.2013 passed by the Division Bench comprising Hon'ble Ravindra Singh,J. and Hon'ble Ashok Srivastava,J. may be modified by adding the following words " suspend the order dated 23.9.2013 passed by Sessions Judge, Room No. 9, Allahabad in S.T. No. 506 of 2009( State Versus Anil Kumar Pandey and another) during the pendency of this criminal appeal" Since Hon'ble Ashok Srivastava,J. has retired, this application has been nominated by the Hon'ble the Chief Justice vide order dated 30.4.2014 to the bench presided over by Hon'ble Ravindra Singh,J.
(3.) THE appellant Smt. Siya Janki along with the co -accused Anil Kumar Pandey and Pankaj Kumar has been convicted for the offences punishable under sections 302/34 I.P.C. 323/34 I.P.C. sections 504 and 427 I.P.C. and each of them has been sentenced to undergo life imprisonment with a fine of Rs. 5,000/ - under sections 302/34 I.P.C., to undergo six months simple imprisonment under section 323/34 I.P.C. and to undergo six months simple imprisonment under section 504 I.P.C., to undergo six months simple imprisonment under section 427 I.P.C. The accused Pankaj Kumar Pandey has been further convicted under section 27 of Arms Act to undergo 3 years simple imprisonment with a fine of Rs.3,000/ - by the learned Additional Sessions Judge, Court No. 6, Allahabad on 23.9.2013 in S.T. No. 506 of 2009 connected with S.T. No. 509 of 2009. Against the judgement and order dated 23.9.2013 the appellants Smt. Siya Janki and Anil Kumar Pandey preferred criminal appeal no. 4326 of 2013, the appellant Pankaj Kumar preferred criminal appeal no. 5253 of 2013, both the appeals have been connected. All the three appellants moved their bail applications in their respective appeals, which have been heard and disposed of by a common order dated 16.12.2013 by which the appellants Smt. Siya Janki and Anil Kumar have been released on bail and realisation of fine awarded by the trial court was stayed during the pendency of the appeal but the prayer for bail of the accused Pankaj Kumar Pandey was refused.;