Allahabad High Court
Ram Vishnu vs State Of U.P. on 13 July, 2022
Bench: Kaushal Jayendra Thaker, Ajai Tyagi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL APPEAL No. - 2597 of 2015
Appellant :- Ram Vishnu
Respondent :- State of U.P.
Counsel for Appellant :- R.B. Sahai,Amrish Sahai,Bholeshwar,Rajendra Singh
Counsel for Respondent :- Govt.Advocate,Sharad Kumar Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Ajai Tyagi,J.
(Criminal Misc. II Bail Application)
This application requires to be dismissed with exemplary cost, the reason is despite the fact that the accused is in jail since 02.04.2013 and the first bail application has been dismissed on merits and the paper book is ready since long, the learned counsel has refused to argue the main appeal.
Shri Bholeshwar, learned counsel for the appellant who has filed second bail application and is placing reliance the judgment of Supreme Court in Criminal Appeal No.308/2022 (Saudan Singh vs. State of UP) arising out of SLP (Crl) No.4633 of 2021. The specific finding of the order of the Supreme Court in Saudan Singh's case (supra) 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"
The appeal could have heard today also as it is listed for final disposal where the accused is in jail and the paper book is ready since long despite that this application is filed, no new ground for moving this application shown.
The earlier Bench has given elaborate reasons while dismissing the bail application for not releasing on bail. The recall application has been granted as earlier matter was dismissed for non prosecution but was recalled on 16.4.2019. While dismissing the first bail application, the specific order of the Court was for hearing of the appeal and, therefore, the matter was listed today for final hearing.
The first order has held that there is no good ground made out for enlarging the appellant on bail.
In view of the judgment of Apex Court titled Lav Parasher @ Chinu v. State of U.P. in Special Leave to Appeal (Crl.) No.1891 of 2022 decided on 17.05.2022, we do not find any reason to release appellant on bail. Learned counsel has also argued bail application again on merits submitting that the accused was called where the dead body was recovered.
There are all questions which have to be decided while deciding the main matter, there is no fresh ground made out for enlarging the accused. This application is belated application.
We dismiss the second bail application with cost of Rs.5,000/-.
We record that the learned counsel emphatically submitted that he will not argue the main matter but would only like to argue the II application for enlargement on bail on ground of incarceration which has been deprecated by the Apex Court in catena of decisions.
The cost be deposited by Shri Bholeshwar, learned counsel for appellant in the Registry of this Court.
A copy of this order be sent to Ram Vishnu in the jail.
The bail application stands rejected with costs.
(Order on Appeal)
List the matter on 29th July, 2022 for final disposal.
Order Date :- 13.7.2022
A.N. Mishra
