Allahabad High Court
Shrawan Kumar vs State Of U.P. on 5 May, 2022
Bench: Arvind Kumar Mishra-I, Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- CRIMINAL APPEAL No. - 658 of 2008
Appellant :- Shrawan Kumar and another
Respondent :- State of U.P.
Counsel for Appellant :- S.H. Ibrahim,Amul Mani Tripathi,Neeraj Sahu,Sheo Prakash Singh,Shubham Gupta
Counsel for Respondent :- Govt. Advocate,Surya Narayan Singh
Hon'ble Arvind Kumar Mishra-I,J.
Hon'ble Manish Mathur,J.
(Order on Bail Application)
We have heard learned counsel for appellant-applicant, learned A.G.A. appearing on behalf of State as well as Mr. Surya Narayan Singh, learned counsel for informant on the application for bail and perused the record of the appeal.
Second bail application has been filed pertaining to conviction recorded against the applicant in Sessions Trial No.474 of 1997, Crime No.79 of 1995, under Sections 302/34 IPC, Police Station Nagram, District Lucknow.
The first bail application of the accused-appellant was rejected on 14.08.2014. There was no proper consideration regarding application of common intention among all the accused which is absolutely is lacking around this point. The finding recorded by the trail court is erroneous and perverse. Accused-appellant is in jail since 27.02.2008.
The appeal pertains to the year 2008 and as yet this Court is engaged with hearing of criminal appeal pertaining to the years 1980 on wards. There is no possibility of any hearing taking place in the near future.
Next contended that the appellant has suffered incarceration since 2008 and, by now, has already suffered about 14 years of imprisonment therefore, in view of the mandate dated 25th February, 2022 of the Hon'ble 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., appellant is 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 extracted herein below:
"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.
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.
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 counsel for the appellant has further engaged attention of this Court to the order dated 22.03.2022 of Hon'ble Supreme Court in Crl. Appeal No.491/2022 arising out of SLP (Crl.) No.1451 of 2022 in Suleman Vs. State of U.P., wherein also the Hon'ble Supreme Court has reiterated the same view as has been taken in the case of Saudan Singh's case (supra).
Learned AGA as well as Mr. Surya Narayan Singh, learned counsel for informant has vehemently opposed the prayer of bail and stated that the appeal itself may be heard but could not dispute that in connection with the present case, the appellant has suffered incarceration about 14 years.
In view of the above quoted observations in the order passed by the Apex Court, dated 25.02.2022, in Saudan Singh's case (supra) as well as the principles laid down in the order dated 25.03.2022 passed by Hon'ble Supreme Court in Suleman (supra) and there being no dispute that the appellant by now has served over 14 years of imprisonment in connection with the case, the appeal pertains to be year 2008, the older appeals are still pending consideration for final hearing and there is no possibility of early final hearing in the present appeal on its turn, hence we are of the view that the appellant is entitled to be released on bail.
Consequently, the prayer for bail is allowed.
Let the accused appellant/applicant Jata Shanker, convicted and sentenced by Special Judge, Essential Commodities Act, Lucknow, vide judgment and order dated 27.02.2008 in Sessions Trial No.474 of 1997, Crime No.79 of 1995, under Sections 302/34 IPC, Police Station Nagram, District Lucknow 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 the undertaking that he will co-operate in the hearing of the appeal.
Prayer to stay the realization of fine from the appellant is rejected.
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.
Let this appeal be listed for 'final hearing' in due course.
Order Date :- 5.5.2022
Subodh/-
