Allahabad High Court
Ram Das vs State Of U.P. on 6 January, 2023
Bench: Kaushal Jayendra Thaker, Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- JAIL APPEAL No. - 440 of 2018
Appellant :- Ram Das
Respondent :- State of U.P.
Counsel for Appellant :- From Jail,Ravindra Balkrishna Kanhere
Counsel for Respondent :- A.G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Ajit Singh,J.
This jail appeal has been preferred by Ram Das against the judgment dated 5.1.2013 passed by Addl. Sessions Judge, Court no. 5, Budaun in Session Trial No. 135 of 2011 (Ram Das vs. State of U.P.), arising out of Case Crime no. 591 of 2010, under section 376 I.P.C., by which he has been convicted and sentenced to imprisonment for life and fine of Rs. 10,000/- and in default of payment of fine to undergo further two years imprisonment and imprisonment for life and fine of Rs. 10,000/- under section 302 I.P.C. and in default of payment of fine to undergo further two years imprisonment.
Heard learned counsel for the appellant and learned A. G. A. for the State.
The submission of learned counsel for the applicant is that the appellant is in jail since 2013 and he has been falsely implicated in the present case. It is submitted that this is the first bail application of the accused-appellant and that the Court may also look into the period of incarceration and the fact that there is no possibility of early disposal of appeal. It is submitted that in view of the decision of the Apex Court in Criminal Appeal No.308 of 2022 (Saudan Singh vs. State of U.P.) decided on 25.2.2022, the accused-appellant may be enlarged on bail.
Learned A.G.A. for the State has vehemently objected to the grant of bail and has submitted that looking to the seriousness of offence and his role, if the accused is enlarged on bail, he would be menace to the society.
Accused-appellant, Ram Das, is in jail since 2013. While going through the facts and circumstances, we deem it fit to stay the operation of impugned judgment as far as fine is concerned which is Rs. 20,000/-.
We have considered the facts and circumstances of the case and perused the rival submissions of learned counsel for the parties. The accused-appellant is in jail since 2013. The General Diary shows that there were contradictions in the statements of prosecution witnesses. Hence, prima facie, looking to the period of incarceration, the decision of Apex Court in Criminal Appeal No.308 of 2022 (Saudan Singh vs. State of U.P.) decided on 25.2.2022 and the fact that there is no possibility of early conclusion of the appeal as the paper book is not ready, we grant bail to the accused-appellant.
Let accused-appellant, Ram Das, convicted and sentenced in the aforesaid Sessions Trial be released on bail during the pendency of the appeal subject to his furnishing personal bonds and two sureties each of the like amount to the satisfaction of the Court concerned with the following conditions :-
(i) The appellant shall file an undertaking to the effect that he shall not seek any unnecessary adjournment.
(ii)) The appellant shall not leave India without permission of this Court.
(iii) The appellant shall inform the change of address within 10 days, failing which the State shall be at liberty to request for cancellation of his bail.
(iv) Fine shall remain stayed.
As far as sentence is concerned, the same shall remain suspended during pendency of the appeal.
Order on Appeal
List the matter when its turn comes.
Order Date :- 6.1.2023
Faridul
