Allahabad High Court
Babu Kahar & Another vs State Of U.P. on 25 March, 2021
Bench: Ramesh Sinha, Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- CRIMINAL APPEAL No. - 813 of 2016
Appellant :- Babu Kahar & Another
Respondent :- State of U.P.
Counsel for Appellant :- Manoj Kumar Singh
Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Hon'ble Rajeev Singh,J.
Order on First Bail Application no.59787 of 2016
Heard Shri Manoj Kumar Singh, learned counsel for the appellants and Shri Badrul Hasan, learned AGA for the State of U.P.
It has been argued by learned counsel for the appellants that out of the four accused persons, two have been declared Juvenile and their trial have been separated and in the present appeal the appellant no.1-Babu Kahar and appellant no.2- Parshu alias Parashuram, have been convicted for offences in question. It is further stated that during the incident the appellant no.1- Babu Kahar was empty handed. All the co-accused persons along with the present appellant participated in the present incident and the appellant no.2 assaulted the deceased with a sword. Though cuts, wounds are present on the person of the deceased but no sword has been recovered from the possession of appellant no.2. It is also stated that lacerated wounds have been found on the person of the deceased which is a doubtful plausible evidence. The injuries were found to be simple in nature and could be easily fabricated.
It is also stated by learned counsel that appellant no.1-Babu Kahar was on bail, and he is in jail since the date of conviction, i.e. 20.05.2016 and the appellant no.2 is in jail since 01.04.2005, i.e. more than 15 years, but his appeal has not been heard and disposed of by this Court till date. Moreover, the paper book is also not ready. The appellant has no criminal antecedent. Therefore, the appellant no.2 is entitled to be released on bail.
In support of his arguments, learned counsel for the appellant has placed reliance on the judgments of the Apex Court in the cases of Kamal v. State of Haryana, 2004(13) SCC 526; Akhtari Bi v. State of Madhya Pradesh, 2001 AIR SC 1528, Takht Singh v. State of Madhya Pradesh, 2001(10) SCC 463, Santosh Singh v. State of U.P. in CRLMP No. 5728 of 2016 & Sandeep alias Raja Acharya v. State of Orissa, 2018 (3) SCC (Cri) 212; wherein the Apex Court has held that in case the accused has undergone substantial period of detention and there is no prospect of the appeal being heard in the near future.
Learned AGA opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant and particularly the fact that the appellant no.2 is in jail for the last 15 years and there is no likelihood of this appeal being heard in near future and considering the judgments of the Apex Court referred to herein-above, we are of the opinion that the appellant no.2 is entitled to be released on bail.
The First Bail Application filed on behalf of the appellant is hereby allowed.
Let the appellant Parshu alias Parashuram convicted and sentenced in S.T. No. 408 of 2005 arising out of Case Crime No.21 of 2005 under Section 302/34, 307/34 I.P.C., Police Station Ranipur, District Bahraich be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/ immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the appeal.
On acceptance of bail bonds and personal bonds, the lower court shall transmit Photostat copies thereof to this Court for being kept on the record.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book within six weeks and list the appeal before appropriate Bench for final hearing.
Counsel for the appellant to make necessary corrections in the memo of the appeal, regarding the period of detention of the appellant no.2 who is in jail, during the course of the day.
(Rajeev Singh, J.) (Ramesh Sinha, J.)
Order Date :- 25.3.2021
Arnima
