Allahabad High Court
Azim vs State Of U.P. on 10 June, 2022
Bench: Manoj Kumar Gupta, Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 21
Case :- CRIMINAL APPEAL No. - 4501 of 2013
Appellant :- Azim
Respondent :- State of U.P.
Counsel for Appellant :- Subhash Chandra Yadav
Counsel for Respondent :- Govt. Advocate
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Chandra Kumar Rai,J.
Ref: Criminal Misc. Second Bail Application No. 02 of 2019
Heard Sri Ravi Shankar Tripathi, learned counsel for the appellant as well as learned A.G.A. for the State.
This is the second bail application in a pending appeal against the conviction and sentence under Sections 326, 506 & 302 IPC awarding rigorous imprisonment for 10 years, one year of simple imprisonment and life imprisonment with default clauses, for different offences. The first bail application was rejected vide order dated 10.01.2014 and since then the appeal could not be heard.
The applicant has sought bail mainly on the ground of long incarceration. A custody certificate has been placed on record according to which, the actual period of detention is 10 years 6 months 16 days and 13 years 0 month 17 days including remission as on 01.04.2022. Learned counsel for the appellant has relied upon the judgment of the Supreme Court in the case of Saudan Singh vs. State of U.P. (Criminal Appeal No. 308 of 2022) dated 25.02.2022 in submitting that the applicant should be enlarged on bail.
In Saudan Singh (supra), the Supreme Court, while laying down different categories has put such cases where the person has served out more then ten years of detention in the second category and has observed that the bail can be granted to such person unless there are any extenuating circumstances against him. The relevant observation in this regard is as follows :-
"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."
Learned counsel for the applicant lastly submits that the applicant has no criminal history and that in case the appellant is enlarged on bail, he will co-operate in the disposal of the appeal and will not seek unnecessary adjournments.
Learned A.G.A. does not dispute the fact that there is no criminal history nor any exceptional circumstance which may warrant taking a different view than what has been laid down by the Supreme court in the Saudaun Singh (supra) in cases where person is in jail for a period of more than 10 years.
It is clear from the record that since after the rejection of the second bail application by order dated 10.01.2014, the matter could not be heard so far.
Accordingly, the bail application is allowed and the applicant- Azim is enlarged on bail in Sessions Trial No.35 of 2012 (State vs. Azeem) arising out of Case Crime No.169 of 2011, under Sections 326, 506 & 302 IPC, Police Station-Bhojpur, District-Moradabad during pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(Chandra Kumar Rai, J.) (Manoj Kumar Gupta, J.)
Order Date :- 10.6.2022
P Kesari
