Supreme Court - Daily Orders
Arvind Singh @ Arvind vs The State Of Uttar Pradesh on 9 May, 2022
Bench: A.M. Khanwilkar, Abhay S. Oka
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).764/2022
(Arising from SLP(Crl.) No(s). 2630/2022)
ARVIND SINGH @ ARVIND APPELLANT(S)
VERSUS
THE STATE OF UTTAR PRADESH RESPONDENT(S)
O R D E R
Leave granted.
This appeal takes exception to the judgment and order dated 08.01.2021 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 4935 of 2011, whereby the prayer for grant of bail pending hearing of appeal has been declined by the High Court.
We have heard learned counsel for the parties.
Signature Not Verified
Perusing the impugned order, it appears Digitally signed by NEETU KHAJURIA Date: 2022.05.10 15:21:23 IST Reason: that the High Court has not addressed itself to the prayer for bail as it was of the opinion 2 that the appeal would proceed for final hearing in January 2021. The appeal pertains to the year 2011.
The appellant has already undergone more than 12 years and 03 months of actual imprisonment and with remission, around 15 years. There is no adverse report about his conduct in jail during all this period.
Taking overall view of the matter, we are of the considered opinion that in the peculiar facts of the present case, the appellant deserves to be released on bail during the pendency of the appeal before the High Court.
Accordingly, we direct immediate release of the appellant (Arvind Singh @ Arvind) in connection with FIR No.72 of 2001 registered at Police Station Saurikh, Sub-District Chhibramau, District Kannauj, U.P., on such terms and conditions as may be imposed by the Trial Court.
The impugned order of the High Court is set aside and the appeal is allowed in the 3 above terms.
Pending applications also stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(ABHAY S. OKA)
NEW DELHI
MAY 09, 2022
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ITEM NO.9 COURT NO.3 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). 2630/2022
(Arising out of impugned final judgment and order dated 08-01-2021 in CRLA No. 4935/2011 passed by the High Court Of Judicature At Allahabad) ARVIND SINGH @ ARVIND Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.40557/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.40562/2022-EXEMPTION FROM FILING O.T. ) Date : 09-05-2022 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Pradeep Kumar Yadav, Adv.
Mr. Vishal Thakre, Adv.
Mr. Sanjeev Malhotra, AOR For Respondent(s) Mr. Ankit Goel, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed and the appellant is directed to be immediately released on bail in terms of the signed order.
Pending applications also stand disposed of.
(NEETU KHAJURIA) (VIDYA NEGI)
COURT MASTER COURT MASTER
(Signed order is placed on the file)