Allahabad High Court
Akaram vs State Of U.P. on 24 June, 2020
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL APPEAL No. - 6466 of 2017 Appellant :- Akaram Respondent :- State of U.P. Counsel for Appellant :- Ram Janam Shahi,Gaurav Gupta Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J.
Order on Criminal Misc. Bail Application No.361680 of 2017 Heard learned counsel for the appellant and learned A.G.A.
Perused the record.
Submission of counsel for the appellant is that the maximum period of sentence awarded to the appellant for offence under Section 376 IPC is seven years R.I. with Rs.10,000/- fine and the sentence under Section 3/4 Prevention of Children from Sexual Offences Act also is seven years R.I. with Rs.10,000/- fine. Submission is that the appellant was on bail during the course of trial which was never misused by them. It has been pointed out that the appellant is in jail since 25.9.2017 and there is no likelihood of this appeal to be heard at an early date or in near future in the wake of heavy pendency of cases in the court. Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.
Learned counsel for the appellant has placed reliance of Hon'ble Apex Court judgment in the case of Kamal Vs. State of Haryana, 2004 (13) SCC 526 and the Hon'ble Apex Court was pleased to observe in paragraph no. 2 of the judgment as under :-
"2. This is a case in which the appellant has been convicted u/s 304-B of the India Penal Code and sentenced to imprisonment for 7 years. It appears that so far the appellant has undergone imprisonment for about 2 years and four months. The High Court declined to grant bail pending disposal of the appeal before it. We are of the view that the bail should have been granted by the High Court, especially having regard to the fact that the appellant has already served a substantial period of the sentence. In the circumstances, we direct that the bail be granted to the appellant on conditions as may be imposed by the District and Sessions Judge, Faridabad."
Learned counsel for the appellant has placed further reliance of Hon'ble Apex Court judgment in the case of Takht Singh Vs. State of Madhya Pradesh, 2001 (10) SCC 463, and the Hon'ble Apex Court was pleased to observe in paragraph no. 2 of the judgment as under:-
"2. The appellants have been convicted under Section 302/149, Indian Penal Code by the learned Sessions Judge and have been sentenced to imprisonment for life. Against the said conviction and sentence their appeal to the High Court is pending. Before the High Court application for suspension of sentence and bail was filed but the High Court rejected that prayer indicating therein that the applicants can renew their prayer for bail after one year. After the expiry of one year the second application was filed but the same has been rejected by the impugned order. It is submitted that the appellants are already in jail for over 3 years and 3 months. There is no possibility of early hearing of the appeal in the High Court. In the aforesaid circumstances the applicants be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Sehore. The appeal is disposed of accordingly."
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, and the observation given by the Hon'ble Apex Court in the case of Kamal Vs. State of Haryana (supra) and Takht Singh Vs. State of Madhya Pradesh (supra), the unlikelihood of early hearing and conclusion of appeal, this Court is of the view that the appellants may be enlarged on bail.
Let the appellant- Akaram, convicted and sentenced in Special Case No.98/2014 (State vs. Akaram), under Section 376 IPC and 3/4 Prevention of Children from Sexual Offences Act, PS. Tilhar, District Shahjahanpur, be released on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
List this case in due course for final hearing.
Order Date :- 24.6.2020 SP