Allahabad High Court
Harish And Others vs State Of U.P. on 31 August, 2022
Bench: Mahesh Chandra Tripathi, Gajendra Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL APPEAL No. - 4767 of 2011
Appellant :- Harish And Others
Respondent :- State of U.P.
Counsel for Appellant :- Y.D. Mishra,R S Yadav,Ram Sanehi Yadav
Counsel for Respondent :- Govt. Advocate
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Gajendra Kumar,J.
(Order on Criminal Misc. 2nd Bail Application dated 15.05.2022)
Heard learned counsel for the applicant/appellants and the learned A.G.A for the State.
The instant bail application has been moved on behalf of applicants/appellants- Harish And Others in S.T. No.533/2009 in Case Crime No.1120 of 2008, under Sections 302, 307, 34 IPC, P.S. Gunnaur, District Budaun.
In support of his submissions, learned counsel for the appellants has placed reliance on the judgment of coordinate Bench of this Court in Criminal Appeal No.4767 of 2011, (Harish and others) whereby the first bail application is rejected with direction to the office that since the paper books have been prepared, list in the next cause list for final hearing. He submits that the applicant is languishing in jail since November, 2008 and by now, he has already undergone more than 16 years imprisonment. There is no likelihood of the appeal being heard in near future.
Learned counsel for the applicant has placed reliance on the order of the Supreme Court dated 25th February, 2022 in Criminal Appeal No.308/2022 (Saudan Singh vs. State of UP) arising out of SLP (Crl) No.4633 of 2021. The relevant part of the order is reproduced 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."
Similar view has also been reiterated by Hon'ble the Apex Court in Suleman vs. State of U.P., Criminal Appeal No.491/2022 in its judgment dated 25.3.2022 and in Brijesh Kumar @ Ramu vs. State of U.P., Criminal Appeal No.540 of 2022 in its judgment dated 1.4.2022.
Learned AGA opposed the prayer of bail but he could not dispute the incarceration of the applicant.
In view of the aforesaid orders passed by the Apex Court and there being no dispute that the applicant by now have more than 13 years of imprisonment in connection with the case, without expressing any opinion on the merits and without prejudice to the right of the applicant to pursue this appeal or pray for remission as per law, we are of the view that the applicant is entitled to be released on bail.
Let the accused applicant/appellants-Harish, Raju, Hariom and Ashok be released on bail in the above mentioned case on furnishing personal bond and two sureties each of the like amount to the satisfaction of the concerned Magistrate.
Half of the entire fine shall remain stayed during the pendency of the appeal.
On acceptance of his bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
(Order on Appeal)
List this appeal for 'final hearing' in due course.
Order Date :- 31.8.2022
A.N. Mishra
