Allahabad High Court
Raj Kumar @ Raju 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. - 6551 of 2006
Appellant :- Raj Kumar @ Raju And Another
Respondent :- State of U.P.
Counsel for Appellant :- Hemendra Pratap Singh,Dharmendra Singh,Jai Singh Chandel,Rajesh Yadav,Rakesh Kumar Mishra,S.K.Dubey,Yogesh Srivastava
Counsel for Respondent :- Govt. Advocate
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
(i) In Re.:-Crl. Misc. Second Bail Application No.333749 of 2012, on behalf of Raj Kumar @ Raju
(ii) In Re.:-Crl. Misc. Second Bail Application No.88589 of 2014, on behalf of Om Prakash @ Oma
1. This appeal has been filed by two appellants namely Raj Kumar @ Raju and Om Prakash @ Oma, against the judgment and order of conviction and sentence dated 20.09.2006, passed by Additional Session Judge/Fast Track Court, Court No.1, Hathras, in Sessions Trial No.120 of 2004.
2. The first bail application of the appellants was rejected vide order dated 06.01.2012. Since then the appeal has remained pending and, by now, both the appellants havesuffered incarceration of over 14 years during the pendency of the appeal. 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.
3. 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"
4. Sri Sri J. K. Upadhyay, learned AGA, states that the appeal itself may be heard but could not dispute that in connection with the present case, the appellants have suffered incarceration of over 14 years.
5. 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 appellants by now have 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.
6. Let the accused appellants- Raj Kumar @ Raju and Om Prakash @ Oma, convicted and sentenced by Additional Session Judge/Fast Track Court, Court No.1, Hathras, vide judgement and order dated 20.09.2006, in Sessions Trial No.120 of 2004(State Vs. Raj Kumar and another), arising out of Case Crime No.20 of 2004, Police Station Kotwali, District Hathras, for offence punishable under Section 302/34, 394, 411, IPC, 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 Chief Judicial Magistrate, Hathras subject to furnishing undertaking that they will co-operate in the hearing of the appeal.
7. There shall be a stay on the realization of fine from the appellant, if not already deposited.
8. 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.
9. Let this appeal be listed for 'final hearing' in due course.
Order Date :- 16.5.2022
VKG
