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Manju @ Mohan Singh vs The State Of Uttar Pradesh on 7 March, 2022

Bench: Ajay Rastogi, Abhay S. Oka

                                                         1

     ITEM NO.10                    Court 13 (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

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 3979/2022

     (Arising out of impugned final judgment and order dated 05-04-2019
     in CRLMSBA No. 6/2018 passed by the High Court Of Judicature At
     Allahabad)

     MANJU @ MOHAN SINGH                                                        PETITIONER(S)

                                                        VERSUS

     THE STATE OF UTTAR PRADESH                                                 RESPONDENT(S)

     (FOR ADMISSION and I.R. and IA No.24172/2022-CONDONATION OF DELAY
     IN FILING and IA No.24174/2022-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.24175/2022-EXEMPTION FROM FILING O.T.
     and IA No.24178/2022-EXEMPTION FROM CUSTODY CERTIFICATE )

     Date : 07-03-2022 This petition was called on for hearing today.

     CORAM :
                              HON'BLE MR. JUSTICE AJAY RASTOGI
                              HON'BLE MR. JUSTICE ABHAY S. OKA


     For Petitioner(s)                  Mr. Nagendra Singh, Adv.
                                        Mr Mahul Gupta, Adv.
                                        Mr Ashish Pandey, Adv.
                                        Dr. Sanjay Gupta,    Adv.
                                        Dr. Amardeep Gaur, Adv.
                                        M/S. V. Maheshwari & Co., AOR

     For Respondent(s)


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Delay condoned.

IA No.24178/2022 seeking exemption from filing custody Signature Not Verified certificate is allowed.

Rachna Date: 2022.03.09 18:42:08 IST Reason:

The present petition has been filed with a grievance that the period of incarceration has crossed almost more than 10 years and  2 still the appeal pending before the High Court has not been heard so far and how long it will take to be heard on merits is not known to him, at the same time at least needs indulgence of this Court for interim bail pending appeal before the High Court. As it reveals from record, his second application for suspension of sentence was rejected by the High Court on 5 th April, 2019. It has not come on record as to whether the matter has ever come up for hearing or it is the petitioner who is avoiding hearing of the matter.

In the given facts and circumstances, this Court is not inclined to consider the request for grant of bail pending appeal before the High Court at this stage. However, we grant him liberty to renew his application for suspension of sentence/bail pending appeal before the High Court. If such an application is filed, the High Court may either hear the appeal on merits or dispose of the application for suspension of sentence/bail pending appeal as expeditiously as possible.

With these observations, the Special Leave Petition stands disposed of.

Pending application(s), if any, shall stand disposed of.

 (POOJA SHARMA)                                              (BEENA JOLLY)
COURT MASTER (SH)                                          COURT MASTER (NSH)