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Harendra Singh vs The State Of Uttar Pradesh on 19 January, 2022

Bench: Chief Justice, A.S. Bopanna, Hima Kohli

                                                      1

     ITEM NO.16                    Court 1 (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 for Special Leave to Appeal (Crl.)     No.186/2022

     (Arising out of impugned final judgment and order dated 20­04­2012
     in CRLMSBA No. 60253/2012 passed by the High Court of Judicature at
     Allahabad)

     HARENDRA SINGH & ANR.                                               Petitioner(s)

                                                     VERSUS

     THE STATE OF UTTAR PRADESH                                          Respondent(s)

     (FOR ADMISSION and I.R. IA No.165535/2021­EXEMPTION FROM FILING C/C
     OF THE IMPUGNED JUDGMENT and IA No.165538/2021­EXEMPTION FROM
     FILING O.T.)

     Date : 19­01­2022 This petition was called on for hearing today.

     CORAM :
                             HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR. JUSTICE A.S. BOPANNA
                             HON'BLE MS. JUSTICE HIMA KOHLI

     For Petitioner(s)
                                       Mr.   Nagendra Singh, Adv.
                                       Mr.   Ashish Pandey, Adv.
                                       Dr.   Sanjay Gupta, Adv.
                                       Mr.   Ronak Karanpuria, AOR
     For Respondent(s)
                                        Mr. Sarvesh Singh Baghel, AOR
                                        Mr. Harsh Pratap Shahi, Adv.

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

The Court is convened through Video Conferencing.

Applications seeking exemption from filing certified copy of the impugned Order as also seeking exemption from filing official Signature Not Verified Digitally signed by Vishal Anand translation of Annexure are allowed.

Heard learned counsel appearing for the petitioners, learned counsel appearing for the State of Uttar Pradesh and carefully  2 perused the material available on record, including the counter affidavit filed by the State.

Taking into consideration the fact that the petitioners are reported to be in jail for over 11 years 11 months without remission and their Criminal Appeal which is of the year 2010, pending adjudication before the High Court of Judicature at Allahabad, is not likely to be taken up for final disposal very soon, which fact cannot be controverted by the learned counsel appearing for the State of Uttar Pradesh, we are inclined to grant bail to the petitioners.

The petitioners are, therefore, directed to be released on bail, subject to such terms and conditions which the concerned Trial Court shall deem fit and appropriate to impose upon them. The Special Leave Petition is disposed of in the afore­stated terms.

  (VISHAL ANAND)                                              (R.S. NARAYANAN)
ASTT. REGISTRAR­cum­PS                                       COURT MASTER (NSH)