Allahabad High Court
Sohanveer And Another 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. - 7017 of 2006
Appellant :- Sohanveer And Another
Respondent :- State of U.P.
Counsel for Appellant :- Brij Raj Singh
Counsel for Respondent :- Govt. Advocate
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
In Re.:-Crl. Misc. Third Bail Application No.103509 of 2015 on behalf of appellant no.1 Sohanveer
1. This appeal has been filed by two appellants, namely, Sohanveer and Saheb Singh, against judgment and order of conviction and sentence dated 18.10.2006, passed by Additional Sessions Judge, Court No.6, Mazzafarnagar, in Session Trial No.198 of 1999.
2. The first bail prayer of the appellant no.1 (Sohanveer) was rejected vide order dated 12.11.2008, whereas the bail prayer of the appellant no.2(Saheb Singh) was accepted. Thereafter, the second bail prayer of the appellant no.1 (Sohanveer) was rejected vide order dated 10.05.2012. The third bail prayer has been filed on behalf of the appellant no.1 (Sohanveer) on the ground that appellant no.1 has been in jail ever since his conviction and appeal has remained pending for 16 years.
3. According to appellant, by now, the appellant no.1 (Sohanveer) has served about 16 years of the sentence and appeal has remained pending for over 15 years. 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 no.1 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 Gaurav Pratap Singh, learned brief holder for the State, 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 15 years. He also could not demonstrate that the 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 (Sohanveer), convicted and sentenced by Additional Sessions Judge, Court No.6, Mazaffarnagar, vide judgment dated 18.10.2006, in Session Trial No.198 of 1999 (State Vs. Ilam Singh and others), arising out of Case Crime No.208 of 1989, Police Station Jhinjhana, District Mazzafarnagar, for offence punishable under Section 148, 307/149, 302/149, 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, Mazzafarnagar 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
