- (1.) Heard Sri O.P. Singh , Senior Advocate, assisted by Sri R.P. Yadav for the petitioner and Government Advocate, for State of UP.
(2.) This petition has been filed for setting aside the order of Additional Sessions Judge, dated 16.12.2013, rejecting the application of the petitioner for suspension of conviction and sentence and staying recovery of fine, in Criminal Case No. 3640 of 2007, arising out of Case Crime No. 825 of 2006, under Section 419, 420, 467, 468, 469, 471 and 506 IPC, PS Shahganj, district Jaunpur, dated 07.02.2012, which was challenged in Criminal Appeal No. 15 of 2012, pending before Additional Sessions Judge.
(3.) On the complaint of Geeta Devi, respondent-3, Case Crime No. 825 of 2006 under Section 419, 420, 467, 468, 469, 471 and 506 IPC PS Shahganj, District Jaunpur, was registered against the petitioner and one co-accused Smt. Geeta Devi. On submission of charge sheet, trial was conducted by Additional Chief Judicial Magistrate, 1st, Jaunpur, who by her judgement dated 07.02.2012 found the petitioner as guilty of offences under Section 419, 420, 467, 468, 469, and 471 IPC and sentenced him imprisonment for a period of two years and Rs. 2000/- as fine under Section 419, five years and Rs. 5000/ as fine, under Section 420, seven years and Rs. 5000/- as fine, under Section 467, five years and Rs. 2000/- as fine, under Section 468, two years and Rs. 2000/- fine under Section 469, seven years and Rs. 5000/- as fine under Section 471. In case of default in deposit of fine additional imprisonment has been awarded. The petitioner challenged the aforesaid order in Criminal Appeal No. 15 of 2012 before Sessions Judge, Jaunpur. Initially the bail application of the petitioner was rejected. However, at present, the petitioner has been enlarged on bail, by order dated 12.12.2013.;