Santosh Kumar Gupta & Others vs State Of U.P.
2013 Latest Caselaw 5395 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- CRIMINAL APPEAL No. - 196 of 2008
 
Appellant :- Santosh Kumar Gupta & Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Devendra Swaroop,A.D.Srivastava,A.K.Satsangi,Brijesh Sahai,C.K. Mishra,Dayashankar Mishra,I.K. Chaturvedi,Lav Srivastava,M.P.Yadav,Rajesh Yadav,Rishabh Kumar,Sanjay Kumar Singh,Sunil Kumar,Veena Mishra
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Kalimullah Khan,J.

Heard the learned counsel for the appellant and Shri Sanjay Kumar, Advocate, appearing for the Union of India and perused the record.

The appellant is languishing in jail from more than six years i.e. since 23.3.2006 and in this view he has already served more than half sentence awarded to him. Learned counsel appearing for the Union of India is not in a position to distinguish the case of the applicant from the case of the co-accused, Santosh Kumar Gupta, who has already been granted bail by the another Bench of this Court vide its order dated 13.9.2011.

Due to heavy load and high docket inclusion in the court it is not feasible to disposed of the appeal on merit in near future.

On the ground of parity, the appellant Suryakant Pandey, deserves to be enlarged on bail.

Let appellant, Suryakant Pandey, convicted and sentenced in Session Trial No.477 of 2006, Santosh Kumar Gupta & others, under Sections 20, 23, 27, 29 of N.D.P.S. Act, P.S. Kotwali, District Fatehpur be released on bail on his filing a personal bond with two sureties each in the like amount to the satisfaction of the trial court provided the appellant deposits the entire amount of fine within two months after his release on bail, failing which learned trial court shall commit him to jail under the intimation to this Court through Registrar General, High Court of Judicature at Allahabad.

Order Date :- 4.9.2013

Mustaqeem.