Allahabad High Court
Manohar Lal vs State Of U.P. on 10 August, 2022
Bench: Suneet Kumar, Syed Waiz Mian
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Court No. - 48
Case :- CRIMINAL APPEAL No. - 1057 of 2012
Appellant :- Manohar Lal
Respondent :- State of U.P.
Counsel for Appellant :- T.K. Mishra,M.K. Singh Sengar,Mahesh Kumar Tripathi,Manoj Kumar Singh,S.P.S. Chauhan
Counsel for Respondent :- Govt. Advocate,Vikas Tiwari
Hon'ble Suneet Kumar,J.
Hon'ble Syed Waiz Mian,J.
Order on Criminal Misc. (Third) Bail Application No.10 of 2022
Heard ShriS.P.S. Chauhan, learned counsel for the appellant/applicant and learned A.G.A. for the State and perused the record.
It is urged by learned counsel for the appellant that appellant was on bail by this Court vide order dated 29.07.2013 but on 18.01.2019, present criminal appeal of appellant had been listed for final hearing but none of the counsels of appellant had appeared before this Court when the case was called and taken up even in revised list so due to absence of counsels for appellant, vide order dated 18.01.2019, this Court issued bailable warrants against the appellant but as the appellant was not residing at the given address, so the bailable warrant could not be served upon the appellant and thereafter this Court had issued several times bailable and non-bailable warrants but due to non service of warrants, the appellant could not be appeared before the court concerned but on 04.01.2020, the appellant received information with regard to the issuance of aforesaid orders, the appellant appeared before the court concerned on 05.01.2020 and since then he is in jail. It is next urged that as per custody certificate dated 01.05.2022 of Senior Superintendent, District Jail, Jhansi, appellant/applicant has undergone incarceration with remission 07 years 05 months 28 days sentence pursuant to the impugned judgment and order. It is urged that the appeal is not likely to be heard in near future. In support of his submission, reliance has been placed on the decisions of the Supreme Court in Saudan Singh Vs. The State of Uttar Pradesh (Criminal Appeal No.308 of 2022) and Brijesh Kumar @ Ramu Versus The State of Uttar Pradesh (Criminal Appeal No. 540 of 2022) the appellant is entitled to be enlarged on bail.
Learned A.G.A. has strongly opposed the prayer for bail but he has not been able to dispute the afore-noted authorities.
We have perused the judgment and records of the lower court with the assistance of the learned counsel for the parties. We are of the opinion that the sentence awarded by the trial court be kept in abeyance and the appellant in consequence be enlarged on bail. Consequently, the prayer for bail is granted.
Without expressing any opinion on the merit of the case, let the appellant/applicant- Manohar Lal convicted and sentenced in Sessions Trial No.03 of 2010, (State of U.P. vs. Manohar Lal), arising out of Case Crime No.748 of 2009, under Section-302/201 I.P.C., Police Station-Nawabad, District-Jhansi, 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.
It is made clear that the appellant/applicant shall deposit 50% of total amount of fine imposed by the trial court and order shall remain stayed till the decision of the appeal.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Office to inform the concerned Jail Superintendent through Chief Judicial Magistrate concerned to ensure compliance of the order.
Order on Appeal
List this appeal in the month of May, 2023 for hearing.
In the meantime, Registry to prepare paper book, if not already prepared.
Order Date :- 10.8.2022
Shivangi
