Karuna Shankar Tewari vs State of U.P.

Uma Nath Singh and S.N.H. Zaidi, JJ.—Learned Counsel for appellant submitted that though a coordinate Bench while dealing with the application for suspension of sentence on behalf of a coaccused, namely, Shree Pal Kurmi, has observed that his case is distinguishable from the case of other accusedappellants including accusedappellant herein, but it appears that the Bench has made a general observation.

Learned Counsel also submitted that the case of present accusedappellant Karuna Shankar Tewari, is on the same footing as that of coaccused Shree Pal Kurmi. The accusedappellant has remained in jail for over three years, only on the basis of an incriminating circumstance that he was a regular visitor to coaccused Smt. Beby, wife of the deceased. The entire prosecution case is based on circumstantial evidence and the disposal of this appeal is likely to take some time. However, learned Counsel is not in a position to inform the Court as to whether Smt. Beby has been granted suspension of sentence.

Learned Counsel for accusedappellant Karuna Shankar Tewari, also submitted that he had been admitted to bail during trial by this Court but before he could be actually released, the impugned judgment was pronounced, therefore, he remained confined in jail.

Learned State Counsel, on the other hand, highlighted the background leading to commission of the offence in as much as the entire family of deceased was under the influence of the accused, who not only supplied liquor to the deceased regularly and thus, exploited the weakness but also paid money to his wife coaccused, Smt. Beby and children.

On due consideration of rival submissions and perusal of the record, without expressing any opinion on merits, we allow the prayer for suspension of jail sentence and stay of recovery of fine qua accusedappellant Karuna Shankar Tewari. Thus, the jail sentence and recovery of fine as imposed upon the accusedappellant, Karuna Shankar Tewari, son of Ram Shankar Tewari, resident of Taudhakpura, P.S. Bihar, Distt. Unnao, shall remain suspended during the pendency of appeal, and he shall be released on bail subject to the condition that the accusedappellant shall report to Police Station, Bihar, Unnao, at 8:00 p.m. everyday and also subject to furnishing bail bonds to the satisfaction of learned District Judge, Unnao.