Allahabad High Court
Jitendra And Others vs State Of U.P. on 2 December, 2022
Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL APPEAL No. - 4154 of 2011
Appellant :- Jitendra And Others
Respondent :- State of U.P.
Counsel for Appellant :- Satyendra Kumar Singh,Daya Ram Yadav,J.S. Sengar,Kailash Choudhary,Rajul Bhargava,Shantanu,V.C. Tiwari
Counsel for Respondent :- Govt. Advocate,Daya Ram Yadav
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Shiv Shanker Prasad,J.
In Re.:-Crl. Misc. 2nd Bail Application No. 10 of 2022
1. We have heard the learned counsel for the appellant no. 3 Sanjay and the learned A.G.A. for the State.
2. This second bail application has been preferred with the prayer to suspend the sentence of conviction and to release the applicant/appellant no.3 Sanjay on bail in Session Trial No. 640 of 2007 (State Vs. Sanjay), arising out of Crime No. 372 of 2005 under Sections 307/34, 504, 506, 302/34 I.P.C., Police station Shibhawali, District Ghaziabad.
3. The first bail application filed by accused-appellant no.3 Sanjay has been rejected by this Court vide order dated 29th February, 2012.
4. The learned counsel for the appellant no. 3 Sanjay with reference to the custody certificate annexed along with the supplementary affidavit states that the appellant-Sanjay, who is in jail since 8th July, 2011 has already undergone incarceration with remission of 13 years and eight months and the actual incarceration is about 11 and half years. The submission is that the paper books have not prepared so far and the hearing of the appeal may take sufficiently long. He, therefore, submits that 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., and the recent order of the Supreme Court dated 09.05.2022, in Miscellaneous Application No.764 of 2022 in Criminal Appeal No.491 of 2022 (Suleman Vs. The State of Uttar Pradesh), the appellant is entitled to be released on bail, pending disposal of the appeal.
5. Learned AGA has opposed the prayer for bail but could not dispute that the appellant has been in jail since 8th July, 2011.
6. In view of the above and keeping in mind the direction issued by the Apex Court in Saudan Singh (Supra), and Suleman (Supra), we are of the view that appellant is entitled to be released on bail during pendency of this appeal.
7. In view of the above, let the accused appellant-Sanjay convicted and sentenced by the judgment dated 8th October, 2012 passed by the 8th July, 2011 passed by the Additional Sessions Judge, Court No.5, Ghaziabad in Session Trial No. 640 of 2007 (State Vs. Sanjay), arising out of Crime No. 372 of 2005 under Sections 307/34, 504, 506, 302/34 I.P.C., Police station Shibhawali, District Ghaziabad, be released on bail in the above case on furnishing personal bond and two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Ghaziabad subject to furnishing undertaking that he will co-operate in the hearing of the appeal.
8. 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.
9. Office is directed to prepare the paper books within four weeks.
9. Let this appeal be listed for 'final hearing' in February, 2023.
(Shiv Shanker Prasad, J.) (Ashwani Kumar Mishra, J.)
Order Date :- 2.12.2022
Sushil/-
