Allahabad High Court
Devendra vs State Of U.P. on 20 May, 2022
Bench: Manoj Misra, Syed Aftab Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL APPEAL No. - 414 of 2007
Appellant :- Devendra
Respondent :- State of U.P.
Counsel for Appellant :- K.N. Raha,Alok Sharma,Bhavya Sahai,Brijesh Sahai,Sarita Mishra
Counsel for Respondent :- Govt. Advocate
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
1. This appeal has been filed against the judgment and order of conviction and sentence dated 29.11.2006, passed by Additional Session Judge, Court No.7, District Shahjahanpur, in Session Trial No.439 of 2003, convicting and sentencing the appellant under sections 302, 394, 452 IPC, and under section 25 Arms Act, in Sessions Trial No.440 of 2003, with direction that all the sentences would run concurrently.
2. The first bail prayer of the appellant was directed to be considered after receipt of record, but the same remained pending.
3. Today, the matter has been listed under the heading of those cases where the appellant has served over 14 years of sentence during pendency of appeal.
4. From the record it appears that the appellant was in jail during the course of trial and has been in jail post conviction order dated 29.11.2006 and, therefore, by now, he must have served over 16 years of actual sentence, which, by including the period of remission, must be over 20 years of sentence.
5. Today, none has appeared for the appellant to press the bail prayer. The learned AGA, however, does not dispute that the appellant must have served over 16 years of sentence by now.
6. We are, however, reminded of the directions of the Apex court in Crl Appeal No. 308/2022 arising out of SLP (Crl.) No. 4633 of 2021 in Saudan Singh Vs. State of U.P. and the recent order dated 09.05.2022 in Suleman Vs. The State of Uttar Pradesh (Misc. Application No.764 of 2022 in Criminal Appeal No.491 of 2022), wherein the Apex Court has issued directions to liberally consider the bail prayer of such appellants who have served sentence exceeding 14 years pending disposal of their appeal.
7. In view of the above, taking into account that the appellant has by now served over 16 years of imprisonment, as the case is of the year 2003, we are of the view that the appellant is entitled to be released on bail during the pendency of the appeal.
8. In view of the above, let the accused appellant- Devendra, convicted and sentenced by Additional Session Judge, Court No.7, Shahjahanpur, vide judgement and order dated 29.11.2006, in Sessions Trial No.439 of 2003 (State Vs. Devendra), arising out of Case Crime No.06 of 2003 and Sessions Trial No.440 of 2003 (State Vs. Devendra), arising out of Case Crime No.18 of 2003, Police Station Jaikipur, District Shahjahanpur, for offence punishable under Sections 452, 394, 302, I.P.C. and section 25 Arms Act, 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, Shahjahanpur subject to furnishing undertaking that they will co-operate in the hearing of the appeal.
9. There shall be a stay on the realization of fine from the appellant, if not already deposited.
10. 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.
11. Let this appeal be listed for 'final hearing' after six months.
12. As none has appeared to represent the appellant today, if no counsel is engaged by the appellant, by the next date of hearing, the High Court Legal Services Committee shall appoint a counsel from its panel of advocates to represent the appellant.
13. The registry is directed to communicate this order to the Chief Judicial Magistrate concerned, who shall ensure that same is communicated to the prisoner in jail.
Order Date :- 20.5.2022
VKG
