Supreme Court - Daily Orders
Abhilash Singh vs The State Of Uttar Pradesh on 26 August, 2019
Bench: Sanjay Kishan Kaul, K.M. Joseph
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IN THE SUPREME COURT OF INDIA
` CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1275/2019
[@ SLP (CRL.) NO.5067/2019]
ABHILASH SINGH Appellant (s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
O R D E R
Leave granted.
The appellant was convicted under Section 302 of the Indian Penal Code with imprisonment for life on 15.05.2007. The grievance of the appellant is that the bail has been declined on three different occasions on 26.11.2009, 15.10.2012 and finally by the impugned order dated 03.07.2018.
The appellant claims to have spent more than 12 years in jail, as borne out from the custody certificate and including remission has served over 14 years.
The only objection raised by learned counsel for the State is that the aforesaid position is the own making of the appellant/his counsel on account of the fact that eleven times the appeal has been adjourned on account of the counsel not being available. The order sheets have been produced in this behalf.
In normal circumstances, the aforesaid would have been Signature Not Verified sufficient to reject the appeal before us but for the reason that Digitally signed by ASHA SUNDRIYAL Date: 2019.08.26 17:22:35 IST Reason: the result of these adjournments is that the appellant has served more than 14 years including remission. 2 We, thus, enlarge the appellant on bail on the terms and conditions to the satisfaction of the trial Court and simultaneously observe that as the appeal is fixed before the High Court, on the next date, either the appellant’s counsel must make himself available or the High Court should appoint an Amicus Curiae in this behalf and proceed to hear the matter. The appeal is allowed in the aforesaid terms. Parties to bear their own costs.
……………………………………....J. [SANJAY KISHAN KAUL] ……………………………………...J. [K.M. JOSEPH] NEW DELHI;
AUGUST 26, 2019.
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ITEM NO.35 COURT NO.11 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). 5067/2019
(Arising out of impugned final judgment and order dated 03-07-2018 in third bail application in CRLA No. 3784/2007 passed by the High Court Of Judicature At Allahabad) ABHILASH SINGH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) Date : 26-08-2019 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Satveer Singh, Adv.
Mr. Alok Singh, Adv.
Mr. Abhishek Singh, Adv.
Ms. Manju Sharma Jetley, AOR Dr. Amavendra P. Yadav, Adv.
For Respondent(s) Ms. Ruchira Goel, 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 application, if any, stands disposed of.
(ASHA SUNDRIYAL) (ANITA RANI AHUJA) COURT MASTER COURT MASTER
[signed order is placed on the file]