Allahabad High Court
Vishwajeet vs State Of U.P. on 5 April, 2022
Bench: Manoj Misra, Sameer Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL APPEAL No. - 6134 of 2010
Appellant :- Vishwajeet
Respondent :- State of U.P.
Counsel for Appellant :- Ashfaq Ahmad Ansari,Archana Singh,Chandra Shekhar Kushwaha,Dhiraj Kumar Pandey,Shravana Kumar Yadav,Shri Prakash Singh,Vikas Sharma
Counsel for Respondent :- Govt. Advocate
Hon'ble Manoj Misra,J.
Hon'ble Sameer Jain,J.
In Re: Crl. Misc. Second Bail Application No. 33 of 2021.
The office has placed the second bail application of the appellant for orders. The first bail application was rejected vide order dated 9.4.2012 passed by a Division Bench comprising Hon'ble Amar Saran and Hon'ble Ashok Srivastava, JJ, who have since demitted the office, and therefore the second bail application has been placed before this Bench.
We have heard Sri Shravan Kumar Yadav for the appellant (Vishwajeet); and Sri J.K. Upadhyay, learned AGA, for the State on the bail prayer of the appellant (Vishwajeet).
The second bail prayer has been pressed on the ground of long-incarceration. In para-15 of the affidavit, it is stated that the appellant has been in jail since 10.07.2008, and therefore by now he has already served about 14 years in jail without remission and more than 14 years with remission. In the affidavit, it is also stated that the appellant is aged 60 years and is suffering from several ailments, therefore, in view of the order dated 25th February, 2022 of the Supreme Court in Crl Appeal No. 308/2022 arising out of SLP (Crl.) No. 4633 of 2021 in Saudan Singh Vs. State of U.P., appellant is 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 as follows:-
"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.
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"
Sri J.K. Upadhyay, learned AGA, states that the appeal itself may be heard but could not dispute that in connection with the present case, the appellant has suffered incarceration of about 14 years..
In view of the above quoted observations in the order passed by the Apex Court, dated 25.2.2022, in Saudan Singh's case (supra) and there being no dispute that the appellant by now has served about 14 years of imprisonment in connection with the case, without expressing any opinion on the merits and without prejudice to the right of the appellant to pursue this appeal or pray for remission as per law, we are of the view that the appellant is entitled to be released on bail.
Let the accused appellant -applicant Vishwajeet, convicted and sentenced by Additional District & Sessions Judge, Room No. 7, Saharanpur, vide judgment and order dated 26.8.2010 in Sessions Trial No. 31 of 2009 (State Vs. Vishwajeet and others), for offence punishable under Sections 302/201 I.P.C., 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 Chief Judicial Magistrate, Saharanpur subject to furnishing undertaking that he will co-operate in the hearing of the appeal.
Prayer to stay the realization of fine from the appellant 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 :- 5.4.2022
S.K.S.
