Supreme Court - Daily Orders
Khoob Lal vs The State Of Uttar Pradesh on 7 May, 2021
Bench: Uday Umesh Lalit, Indira Banerjee, K.M. Joseph
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 474 OF 2021
(@ out of SLP (Crl.) No. 2369/2021)
KHOOB LAL APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH RESPONDENT(S)
ORDER
Leave granted.
This appeal challenges the judgment and order dated 23-01-2020 passed by the High Court of Judicature at Allahabad, Lucknow Bench in CRLMA No. 141177/2019 preferred by the present appellant in Criminal Appeal No.2461 of 2008.
The appellant alongwith his co-accused was found guilty of having committed offence punishable under Sections 302 read with 34 IPC by the Additional Sessions Judge, FTC-05, Lakheempur Khiri, U.P and was Signature Not Verified Digitally signed by Indu Marwah sentenced to suffer imprisonment for life. Date: 2021.05.08 13:52:00 IST Reason:
Aggrieved by the order of conviction and sentence, the appellant has 2 preferred Criminal Appeal No.2461 of 2008 which is still pending consideration before the High Court.
It is a matter of record that the appellant has completed 17 years of actual sentence.
His application preferred under Section 389 of the Code of Criminal Procedure (“the Code” for short) in said Criminal Appeal No.2461 of 2008 having been rejected, the instant appeal has been preferred.
Heard learned counsel for the parties. Considering the length of actual sentence suffered by the appellant, in our view, the appellant is entitled to the benefit under Section 389 of the Code.
We therefore, allow this appeal, set aside the order under challenge and direct that the appellant be produced before the concerned Chief Judicial Magistrate within three days and the Chief Judicial Magistrate shall release the appellant on bail subject to such conditions as he may deem appropriate to impose.
The benefit of bail shall be available to the appellant during the pendency of Criminal Appeal No.2461 of 2008. 3
With the aforesaid directions, this appeal is allowed.
…………........................J. (UDAY UMESH LALIT) ..………........................J. (INDIRA BANERJEE) ..………........................J. (K.M. JOSEPH) New Delhi, May 7, 2021 4 ITEM NO.16 Court 3 (Video Conferencing) SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 2369/2021 (Arising out of impugned final judgment and order dated 23-01-2020 in CRLMA No. 141177/2019 in Crl. A. No.2461/2008 passed by the High Court of Judicature At Allahabad, Lucknow Bench) KHOOB LAL Petitioner(s) VERSUS STATE OF UTTAR PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.38520/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.38519/2021-EXEMPTION FROM FILING O.T. and IA No.38521/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 07-05-2021 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Mohd. Irshad Hanif, AOR Mr. Aarif Ali Khan, Adv.
Mr. Rizwan Ahmad, Adv.
Mr. Mujahid Ahmad, Adv For Respondent(s) Mr. Adarsh Upadhyay, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Pending applications, if any, shall stand disposed of.
(INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER
(SIGNED ORDER IS PLACED ON THE FILE)