Devraj Yadav vs State Of U. P on 6 April, 2026

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    Devraj Yadav vs State Of U. P on 6 April, 2026

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                                              IN THE SUPREME COURT OF INDIA
                                             CRIMINAL APPELLATE JURISDICTION
    
                                             CRIMINAL APPEAL NO.       OF 2026
                                         [Arising out of SLP (Crl.) No.3870/2026]
    
    
                             DEVRAJ YADAV                                             APPELLANT(S)
    
                                                                    VERSUS
    
                             STATE OF U. P & ANR.                                     RESPONDENT(S)
    
    
                                                             O R D E R
    

    1. Leave granted.

    2. This appeal arises from the order passed by the High

    SPONSORED

    Court of Judicature at Allahabad dated 05.12.2025 by which the

    application preferred by the respondent no.2 herein (convict)

    seeking suspension of the substantive order of sentence of

    life imprisonment passed by the Trial Court came to be allowed

    and, thereby, the respondent no.2 (convict) was ordered to be

    released on bail, pending the final disposal of his Criminal

    Appeal No.8969/2025.

    3. This appeal is at the instance of the de-facto

    complainant (original first informant).

    4. The respondent no.2 along with other co-accused was put

    to trial in the court of Sessions Judge, Azamgarh, in Sessions

    Trial No.226/2019.

    5. The appellant and the other co-accused were charged with
    Signature Not Verified

    Digitally signed by
    HARPREET KAUR
    Date: 2026.04.08
    the offence of murder punishable under Section 302 of the
    17:12:16 IST
    Reason:

    Indian Penal Code (for short, “the IPC”) and Sections 27 and

    30 of the Arms Act, respectively.

    2

    6. At the end of the trial, the Trial Court held the

    respondent no.2 guilty of the alleged crime and sentenced him

    to undergo life imprisonment with fine.

    7. The respondent no.2, being dissatisfied with the

    judgment and order of conviction and sentence passed by the

    Trial Court went before the High Court by preferring Criminal

    Appeal No.8969/2025. The Criminal Appeal has been admitted by

    the High Court.

    8. In the said Criminal Appeal, the respondent no.2

    preferred an application praying for suspension of the

    substantive order of sentence and release on bail, pending the

    final disposal of the appeal.

    9. The High Court allowed the application and, accordingly,

    suspended the substantive order of sentence of life

    imprisonment.

    10. In such circumstances referred to above, the appellant

    (original first informant) is here before us with the present

    appeal.

    11. We heard Ms. Ruchi Kohli, the learned senior counsel

    appearing for the appellant and Mr. R. Basant, the learned

    senior counsel appearing for the respondent no.2.

    12. We take notice of the fact that what weighed with the

    High Court is the fact that the convict has been undergoing

    life imprisonment past seven years and he has no other

    criminal history.

    13. The High Court is also of the view that since the appeal

    is of the year 2025, it may not be taken up in near future and
    3

    in such circumstances, the High Court thought fit to exercise

    its discretion in favour of the convict.

    14. The law as regards suspension of sentence of life

    imprisonment by an Appellate Court is well settled. If the

    sentence is for a fixed term, the Appellate Court may consider

    the plea of the convict for suspension liberally unless there

    are exceptional circumstances on record to decline even

    suspension of a fixed sentence. However, when it comes to

    considering the plea of a convict for suspension of sentence

    of life imprisonment, the relevant consideration at the end of

    the Appellate Court should be to look into something palpable,

    something glaring on the basis of which the Appellate Court

    may be in a position to reach to a prima-facie conclusion that

    the chances of acquittal in the criminal appeal are quite

    good.

    15. We do not propose to say anything further in this matter

    as we are inclined to remit the matter to the High Court for

    fresh consideration of the plea of the respondent-convict

    seeking suspension of the substantive order of sentence of

    life imprisonment. The High Court shall hear both the sides

    and pass an appropriate order on merits in accordance with

    law.

    16. In the result, the appeal is allowed. The impugned order

    passed by the High Court is set-aside and the matter is

    remitted to the High Court for fresh consideration of the plea

    of the convict seeking suspension of the substantive order of

    sentence of life imprisonment.

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    17. The impugned order is dated 05.12.2025. The convict has

    already been released on bail. He shall continue to remain on

    bail till a fresh appropriate order is passed by the High

    Court.

    18. Let the matter be re-heard on its own merits within a

    period of four weeks from today.

    19. It is needless to clarify that the High Court shall re-

    hear the matter, without being influenced in any manner by any

    of the observations made by this Court. The convict shall

    remain on bail on the very same terms and conditions on which

    he was ordered to be released earlier by the impugned order.

    20. Pending application(s), if any, shall stand disposed of.

    …………………………………………….J
    (J.B. PARDIWALA)

    …………………………………………….J
    (K.V. VISWANATHAN)

    NEW DELHI;

    06TH APRIL, 2026
                                          5
    
    ITEM NO.5                    COURT NO.7              SECTION II
    
                     S U P R E M E C O U R T O F      I N D I A
                             RECORD OF PROCEEDINGS
    
    

    Petition(s) for Special Leave to Appeal (Crl.) No(s).3870/2026

    [Arising out of impugned final judgment and order dated 05-12-2025
    in CRLA No. 8969/2025 passed by the High Court of Judicature at
    Allahabad]

    DEVRAJ YADAV Petitioner(s)

    VERSUS

    STATE OF U. P & ANR. Respondent(s)

    IA No. 55382/2026 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT

    Date : 06-04-2026 This matter was called on for hearing today.

    CORAM :

    HON’BLE MR. JUSTICE J.B. PARDIWALA
    HON’BLE MR. JUSTICE K.V. VISWANATHAN

    For Petitioner(s) : Ms. Ruchi Kohli, Sr. Adv.

    Mr. Abhishek Singh, Adv.

    Mr. Suraj Mishra, Adv.

    Ms. Shrishti Mishra, Adv.
    Mr. Siddhartha Sinha, AOR

    For Respondent(s) : Ms. Srishti Singh, AOR

    Mr Rahul Jain, AOR
    Mr. R. Basant, Sr. Adv.

    Mr. Rahul Jain, Aor, Adv.

    Mr. Raunak Arora, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Leave granted.

    2. The appeal is allowed in terms of the signed order which

    is placed on the file.

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    3. Pending application(s), if any, shall stand disposed of.

    (HARPREET KAUR)                               (POOJA SHARMA)
    COURT MASTER (SH)                           COURT MASTER (NSH)
    



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