Allahabad High Court
Jai Narayan Singh And Another vs State Of U.P. on 3 February, 2023
Bench: Pritinker Diwaker, Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL APPEAL No. - 6828 of 2008
Appellant :- Jai Narayan Singh And Another
Respondent :- State of U.P.
Counsel for Appellant :- Manvendra Singh,Anil Kumar Pandey,Anilsrivastva,J.S.Sengar,K.Kumar Tripathi,Mamta Singh,Rahul Saxena
Counsel for Respondent :- Govt. Advocate
Hon'ble Pritinker Diwaker,J.
Hon'ble Ajay Bhanot,J.
Order on IInd Bail Application on behalf of appellant Kallu Singh
Sri Chhote Lal Chaudhary, learned counsel for the appellant - Kallu Singh and Sri Amit Sinha, learned AGA for the State.
Present appeal arises out of the judgment and order dated 23.9.2008 passed by Additional Sessions Judge/Special Judge, SC/ST Act, Fatehpur in S.T. No. 461 of 1994, arising out of Crime No. 177 of 1992, under Section 302 IPC, P.S. Bindki, District Fatehpur, whereby the appellant has been convicted and sentenced to undergo rigorous life imprisonment for the offence under Section 302 IPC, with a fine of Rs. 10,000/-, in defaultthereof, to undergo six months additional simple imprisonment.
Repeat application has been filed only on the ground of detention period of accused - Kallu Singh.
By means of the bail application, appellant - Kallu Singh seeks suspension of sentence and grant of bail.
Learned counsel for the appellant submits that the appellant has already undergone actual jail sentence of 14 years and three months, appeal may take some time for its final disposal and, therefore, in the light of the judgments passed by Supreme Court on 25.02.2022 and 09.05.2022 in the cases of Saudan Singh Vs. State of U.P. in Crl. Appeal No. 308/2022 arising out of SLP(Crl.) No. 4633 of 2021 and in Suleman Vs. The State of Uttar Pradesh (Misc. Application No. 764 of 2022 in Crl. Appeal No. 491 of 2022), respectively, the appellant is entitled to be released on bail.
On the other hand, learned State Counsel though opposes the bail application, but is not in a position to dispute the detention period of the appellant.
We have heard the learned counsel for the parties and perused the record.
Considering the totality of the case, in particular, detention period of the appellant, the fact that the appeal is likely to take some time for its disposal, and further considering the judgments of the Apex Court referred to above, without further commenting on the merits of the case, we are inclined to release the appellant on bail.
Let appellant - Kallu Singh be released on bail in connection with the aforementioned Sessions Trial, on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) and two sureties each in the like amount to the satisfaction of the court concerned.
The bail application is, accordingly, disposed of.
On acceptance of bail bond and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record.
Order on Appeal
List the appeal for final hearing in due course.
In the meanwhile, Registry to prepare paper book, if not already prepared.
Order Date:- 3.2.2023
CS/-
(Ajay Bhanot,J.) (Pritinker Diwaker,J.)
