Allahabad High Court
Ram Pal Singh And Others vs State Of U.P. on 16 May, 2022
Bench: Manoj Misra, Syed Aftab Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL APPEAL No. - 7833 of 2006
Appellant :- Ram Pal Singh And Others
Respondent :- State of U.P.
Counsel for Appellant :- Ratan Singh,Ambrish Kumar Kashyap,Patanjali Mishra,V.P. Srivastava
Counsel for Respondent :- Govt. Advocate,Amit Mishra,Sunil Kumar Yadav
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
In Re.:Crl. Misc. Fifth Bail Application No.399891 of 2016 on behalf of appellant no.1 Ram Pal Singh
1. Office has listed this appeal for order on the fifth bail application No.399891 of 2016 filed on behalf of the appellant no.1 (Ram Pal Singh).
2. This appeal was filed by four appellants, namely, Ram Pal Singh, Vinod Kumar, Naresh Kumar and Akhilesh Kumar. The bail prayer of Vinod Kumar, Naresh Kumar sons of Kunwar Pal Singh and Akhilesh Kumar @ Rinki son of Ram Pal Singh was accepted and they were directed to be released on bail, pending decision of this appeal by order dated 05.02.2007, whereas the bail prayer of the appellant no.1 (Ram Pal Singh) was directed to be considered after receipt of the record. It appears that thereafter, the bail prayer of the appellant no.1 (Ram Pal Singh) was repeatedly rejected giving rise to the fifth bail application.
3. The fifth bail application has been filed on the ground that the appeal has remained pending since 2006, whereas the appellant no.1 (Ram Pal Singh) has been in jail since 12.05.2005. 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., appellant is entitled to be released on bail, pending disposal of the appeal.
4. 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"
5. Sri H.M.B. Sinha, learned AGA, states that the appeal itself may be heard but could not dispute that in connection with the present case, the appellant has suffered incarceration of over 17 years. He, however, could not demonstrate that appellant is a habitual offender.
6. In view of the above quoted observations in the order passed by the Apex Court, dated 25.2.2022, in Saudan Singh's case (supra) and there being no dispute that the appellant by now has served over 14 years of imprisonment in connection with the case, without expressing any opinion on the merits and without prejudice to the right of the appellant to pursue this appeal or pray for remission as per law, we are of the view that the appellant is entitled to be released on bail.
7. Let the accused appellant no.1 (Ram Pal Singh), convicted and sentenced by Additional Sessions Judge, Etah, vide judgment dated 02.12.2006, in Session Trial No.490 of 2005 (State Vs. Ram Pal Singh and another), arising out of Case Crime No.27 of 2005, Police Station Nidhauli, Kalna, District Etah, for offence punishable under Sections 323/34 & 302/34, IPC, 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, Etah subject to furnishing undertaking that they will co-operate in the hearing of the appeal.
8. There shall be a stay on the realization of fine from the appellant, if not already deposited.
9. On acceptance of his bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
10. Let this appeal be listed for 'final hearing' in due course.
Order Date :- 16.5.2022
VKG
