Allahabad High Court
Akash vs State Of U.P. on 24 June, 2022
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL APPEAL No. - 4567 of 2017
Appellant :- Akash
Respondent :- State of U.P.
Counsel for Appellant :- Satyam Narayan,Birendra Singh Khokher,Sujata Choudhary
Counsel for Respondent :- G.A.
And
Case :- CRIMINAL APPEAL No. - 4732 of 2017
Appellant :- Rajat
Respondent :- State of U.P.
Counsel for Appellant :- Mohit Kumar Singh,Rajneesh Kumar Upadhyay,Sujata Choudhary
Counsel for Respondent :- G.A.
Hon'ble Deepak Verma,J.
Order on Appeal
List in due course.
Re: Crl. Misc. Bail Application No. 267691 of 2017 and 276969 of 2017
Heard Sri Virendra Singh learned counsel for the appellants in Crl. Misc. Bail Application No. 267691 of 2017 and Ms. Sujata Chaudhary learned counsel for the appellant in Crl. Misc. Bail Application No. 276969 of 2017, learned A.G.A. appearing for the State and perused the material placed on record.
Present bail applications has been moved on behalf of the appellants who have been convicted in S.T. No. 907 of 2013 arising out of Case Crime No. 855 of 2012, under Section 307, 506 I.P.C., P.S. Inchauli, District Meerut and sentenced to undergo ten years rigorous imprisonment along with fine of Rs.10,000/- and in default in payment of fine, he was further to undergo five months additional imprisonment; for the offence under Section 506 I.P.C. the appellant was sentenced to undergo six months rigorous imprisonment along with fine of Rs.5,000/- and in default in payment of fine, he was further to undergo two and a half months additional imprisonment.
Learned counsel for the appellants submits that appellants have been falsely implicated in the present case. It is further submitted that general role has been assigned to all the accused person and from the custody certificate it is evident that appellants have served out more than half i.e. 6 years 3 months and 26 days. It has been submitted that the appellants are in jail since 5.6.2017 and, by now, they have already served more than 6 years of imprisonment, therefore, 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., appellants are entitled to be released on bail, pending disposal of the appeal.
The order of the Apex Court dated 25th February, 2022 passed in Saudan Singh's case (supra), has been placed before us. A perusal of the order 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."
Learned AGA has opposed the prayer for bail and submitted that appellants are not entitled for bail. There is no illegality and infirmity in passing the impugned judgment.
Having considered the rival submissions and the facts, since the appeal cannot be taken up and disposed of expeditiously in near future and during trial appellants have not misused the bail, without expressing opinion on the merits, I am of the view that the appellants Akash and Rajat has made out a case for release on bail pending disposal of the appeal.
Let the accused appellants Akash and Rajat be released on bail in the above case on furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to furnishing undertaking that they will cooperate in the hearing of the appeal.
The appellants are directed to deposit 50% of the amount of fine imposed by the trial court within one month from the date of their release on bail and the realization of rest 50% fine shall remain stayed during pendency of the appeal.
On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Order Date :- 24.6.2022
Deepika
