Allahabad High Court
Rajendra Prasad Maurya @ Rajendra ... vs State Of U.P. on 11 April, 2022
Bench: Arvind Kumar Mishra-I, Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- CRIMINAL APPEAL No. - 2224 of 2010
Appellant :- Rajendra Prasad Maurya @ Rajendra Maurya And Another
Respondent :- State of U.P.
Counsel for Appellant :- Jai Pal Singh,Chandan Srivastava,Prabhu Ranjan Tripathi,Pradeep Rastogi,Sanju Tripathi
Counsel for Respondent :- Govt. Advocate
Hon'ble Arvind Kumar Mishra-I,J.
Hon'ble Manish Mathur,J.
Heard learned counsel for appellants -Rajendra Prasad Maurya and Dilip Kumar Soni, learned A.G.A. for the State and perused the record.
This is second bail application. First bail application was rejected on 6th April, 2012 by Coordinate Bench of the Court whereas certain relevant and vital facts have not been considered previously which have been elaborated at this stage before us. Claim is that the very description in the F.I.R. itself is indicative that the appellants have not nothing to do with the commission of the offence. Reason being that daughter of one Sayeed Mali was stated to have been maltreated by the appellants whereas neither the girl nor the father of the girl has been produced before the trial court in support of the claim which is the very basis for commission of offence. Now it so happened that the grand father of deceased had eloped with one Hindu lady/woman and due to which there was long drawn enmity between the informant side and family of the appellants and that being so without any rhyme or reason the appellants have been falsely implicated in this case.
Further contended that there are other contradictions in the testimony of the prosecution witnesses which have also been brought to our notice. Apart from that it was claimed that in this case insofar as the period of incarceration is concerned that is approximately 12 years. Claim has been made that for the first time in this case the appellants were arrested on 2nd of October, 2006 whereas the judgment was delivered on 16.7.2010 and from that date the appellants-convict are continuously in jail counting from that date, the period of incarceration amounts to approximately 11 years and 9 months. It is further claimed that as per prevailing roster of this High Court, there is no possibility of hearing of this appeal in near future. No useful purpose would be served if the appellants are kept behind the bar. The appellants promise that they will cooperate with hearing of this appeal.
Next Claimed that the appellants have suffered more than 11 years of incarceration, therefore, in view of the order dated 25th February, 2022 of the Hon'ble Supreme Court in Crl. Appeal No. 308/2022 arising out of SLP (Crl.) No.4633 of 2021 in Saudan Singh versus State of U.P., appellants are entitled to be released on bail, pending disposal of the appeal.
The order of the Apex Court dated 25th February, 2022 passed in Saudan Singh's case (supra), has been placed before us. A perusal of the order would reveal that one of the directions issued by the Apex Court, which is relevant to this case is extracted herein below:-
"We have put to learned AAG and the learned counsel for the High Court that a list should be prepared of all cases where the person has served out a sentence of 14 years, is not a repeat offender, and in any case if in these cases at one go bail can be granted and cases remitted for examination under the Uttar Pradesh Prisoners Release on Probation Rules, 1938. In all these cases, there is a high possibility that if these people are released, they may not be even interested in prosecuting their appeals.
The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him.
We are quite hopeful that the High Court will adopt the aforesaid practice and thus prevent the Supreme Court to be troubled with such matters."
Learned counsel for the appellant has further engaged attention of this Court to the order dated 22.03.2022 of Hon'ble Supreme Court in Crl. Appeal No.491/2022 arising out of SLP (Crl.) No.1451 of 2022 in Suleman Vs. State of U.P., wherein Hon'ble Supreme Court has reiterated the same view as has been taken in the case of Saudan Singh's case (supra).
Learned counsel for State has vehemently opposed the prayer for bail and has stated that the appeal may be heard but could not dispute that in connection with the present case, the appellants have suffered incarceration more than 11 years.
In view of the above quoted observations in the order passed by the Apex Court, dated 25.02.2022, in Saudan Singh's case (supra) as well as the principles laid down in the order dated 25.03.2022 passed by Hon'ble Supreme Court in Suleman's case (supra) and there being no dispute that the appellants by now have served more than 11 years of imprisonment in connection with the case, the appeal pertains to be year 2010, the older appeals are still pending consideration for final hearing and there is no possibility of early final hearing in the present appeal on its turn, hence we are of the view that the appellants are entitled to be released on bail.
Consequently, the prayer for bail is allowed.
Let the accused appellants Rajendra Prasad Maurya and Dilip Kumar Soni convicted and sentenced by Additional Sessions Judge Court No.1, District Faizabad in Session Trial No. 145 of 2007 arising out of case crime No. 703 of 2006 under Sections 302/34 IPC, P.S. Inayatnagar, District Faizabad be released on bail in the above case on furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to furnishing undertaking that they will co-operate in the hearing of the appeal.
Prayer to stay the realization of fine from the appellants is rejected.
On acceptance of their bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Let this appeal be listed for 'final hearing' in due course.
Order Date :- 11.4.2022
prabhat
