Allahabad High Court
Shiv Singh And Another vs State Of U.P. on 16 October, 2024
Bench: Siddharth, Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:164346-DB Court No. - 48 Case :- CRIMINAL APPEAL No. - 5277 of 2010 Appellant :- Shiv Singh And Another Respondent :- State of U.P. Counsel for Appellant :- Anvir Singh,S.N. Singh,S.N.S. Yadav,Satyam Singh,Shiv Nath Singh,Sukhvir Singh,Sunil Vashisth Counsel for Respondent :- R.A.Upadhyay,V.S. Singh Hon'ble Siddharth,J.
Hon'ble Subhash Chandra Sharma,J.
Order on Criminal Misc. Bail Application Custody certified filed by learned counsel for the appellants is taken on record.
Heard Sri S.N.S. Yadav, learned Senior Counsel assisted by Sri D.P.S. Chauhan and Sri Anvir Singh, learned counsel for the appellants; Ms. Manju Thakur, learned A.G.A.-I for the State and Sri R.A. Upadhyay, learned counsel for the informant.
This bail application has been moved on behalf of appellant no. 1, Shiv Singh, praying to enlarge him on bail in Sessions Trial No. 1055/2007 (State of U.P. vs. Shiv Singh and others) and S.T. No. 306 of 2008 (State vs. Dev Narain) arising out of Case Crime No. 231 of 2004, under Section- 147, 148, 149, 307, 302 IPC, Police Station- Bidhanoo, District- Kanpur Nagar, during the pendency of this appeal.
Counter affidavit to the third bail application filed by counsel for the informant is taken on record.
This is third bail application of the appellant no. 1, Shiv Singh, in the above noted appeal.
The earlier bail applications of the appellant no. 1, Shiv Singh, were rejected by the coordinate Benches of this court which are not available now.
Learned counsel for the appellant no. 1 submits that it is a case of single murder. The appellant no. 1, Shiv Singh, has criminal history of 18 cases which has been explained in counter affidavit filed by counsel for the informant. Age of appellant no. 1, Shiv Singh, is 70 years.
As per custody certificate dated 03.02.2023, appellant no. 1, Shiv Singh, has undergone actual custody of 17 years, 10 months and 3 days and with remission of 23 years, 4 months and 23 days. The appeal is not likely to be heard in near future.
Learned A.G.A. has vehemently opposed the prayer for bail of appellant no. 1, Shiv Singh but could not dispute the contentions of the learned counsel for the appellant.
After hearing the rival submissions and considering the fact that there are more than hundred appeals listed for hearing per day and there is remote possibility of hearing of this appeal in near future, prayer for grant of bail to the applicant is allowed, keeping in view of judgements of Apex Court in the cases of Saudan Singh Vs. State of U.P., Criminal Appeal No. 308 of 2022 arising out of S.L.P.(Crl) No. 4633 of 2021 and Suleman Vs. the State of U.P. in Criminal Appeal No. 491 of 2022: arising out of SLP(Crl) No. 1451 of 2022.
Let the appellant no. 1, Shiv Singh, convicted and sentenced in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned.
The sentence awarded to appellant no. 1, Shiv Singh shall also remain suspended during the pendency of this appeal.
The appellant no. 1, Shiv Singh shall not transfer, sell, alienate or create any charge on the immovable property in his name, while on bail save with leave of this court.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The appellant no. 1, Shiv Singh is directed to deposit 50% of fine within a period of one month from the date of his release from jail. Remaining 50% of fine shall remain stayed till the pendency criminal appeal.
It is made clear that in case, the fine is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Appellant no. 1, Shiv Singh, will report his presence before the Police Station- Bidhanoo, District- Kanpur Nagar in first week of every third month till the appeal is decided.
Order on Criminal Appeal Admit.
Lower court record has been received.
Office is directed to get the paper book prepared within six weeks.
List this appeal for hearing in due course.
Order Date :- 16.10.2024 Rohit (Subhash Chandra Sharma,J.) (Siddharth, J.)