28 April 2023 7:54 AM GMT
The Allahabad High Court last week granted bail to sitting BJP MP (from Bansgaon) Kamlesh Paswan and stayed the sentence of 1.5 years awarded to him by the Trial court in connection with a riots case registered in the year 2008 during the pendency of his revision plea before the HC.The bench of Justice Rajeev Misra passed this order considering the fact that Paswan is an MP and the Judgment...
The Allahabad High Court last week granted bail to sitting BJP MP (from Bansgaon) Kamlesh Paswan and stayed the sentence of 1.5 years awarded to him by the Trial court in connection with a riots case registered in the year 2008 during the pendency of his revision plea before the HC.
The bench of Justice Rajeev Misra passed this order considering the fact that Paswan is an MP and the Judgment of the trial court will cast a stigma upon his political career.
"Considering the facts that revisionist-applicant-1 Kamlesh Paswan is a sitting M.P. and the judgments and orders impugned in present criminal revision, will cast a stigma upon his political career, as such they have serious consequences. The consequences are of unverifiable character. Considering the above as well as the judgment of the Supreme Court in Navjot Singh Siddhu Vs. State of Punjab, 2007 Volume II SCC 574, it is, hereby, provided that the sentence awarded to revisionist-applicant-1 shall remain stayed during the pendency of the revision," the Court said.
The Court also summoned the record of the lower court.
It may be noted that in November last year, the Additional Civil Judge (Civil Division), IInd/ Additional Chief Judicial Magistrate, District- Gorakhpur had convicted Paswan and 6 others under Sections 147, 341, 435, 511 IPC for their act of staging a protest against the arrest of Akhilesh Yadav in 2008 and attempting to burn the effigy of the then-UP Chief Minister Mayawati.
It may further be noted that in the year 2008, Paswan was a member of the Samajwadi Party and he had protested against the arrest of SP Leaders Akhilesh Yadav and Shivpal Singh Yadav and staged a chakka-jam in front of the main gate of BRD Medical College.
The conviction was upheld by Sessions Judge, Gorakhpur on April 10 and he was granted 15 days' time to appear before the court below. Meanwhile, he moved a revision plea before the Allahabad High Court challenging the orders of the lower court and seeking a stay on his sentence.
Before the HC, the Senior Counsel appearing for Paswan and others submitted that the maximum sentence awarded to him is one year and six months and the offence complained of is private in nature and not a crime against the society.
It was further submitted that there is no likelihood of the revision being heard in the near future. It was also argued that except for revisionist-applicant-1 Kamlesh Paswan, all other revisionist applicants have no criminal antecedents to their credit except the present one.
Further, referring to the impugned judgment passed by courts below, it was contended that the findings on the basis of which conviction and sentence have been awarded, are neither cogent nor sustainable in the light of the evidence on record and hence, it was urged that Paswan and others be enlarged on bail during the pendency of the present criminal revision.
On the other hand, the AGA argued that revisionists-applicants have been convicted by both the courts below, therefore, they do not deserve any indulgence by this Court.
Having heard, the senior counsel for applicants revisionists, the AGA for State and upon perusal of material brought on record as well as the complicity of revisionists-applicants, the Court observed thus:
"...the crime alleged to have been committed by revisionists applicants is private in nature and not a crime against society, the maximum sentence awarded to the revisionists-applicants is one year and six months, there is no likelihood of the revision being heard in near future but without making any comments on the merits of the revision, revisionist-applicants have made out a case for bail."
The Court further stayed the sentence awarded, however, it was directed that the fine awarded by the court below be deposited by each of the applicants-revisionists within one month, failing which, the Court ordered, the applicants-revisionists shall be censured and they shall be taken into custody forthwith to serve out the sentence accorded to them.
Senior Advocate Anoop Trivedi assisted by Advocate Atul Kumar Shahi appeared for Paswan.
Case title - Kamlesh Paswan And 6 Others vs. State of U.P. [CRIMINAL REVISION No. - 2102 of 2023]
Case Citation: 2023 LiveLaw (AB) 138
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