Supreme Court - Daily Orders
Ram Gopal Yadav vs State Of Uttar Pradesh on 25 April, 2022
Bench: D.Y. Chandrachud, Surya Kant
Crl.A.672-73/2022
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal Nos 672-673 of 2022
(Arising out of SLP (Crl) Nos 3954-3955 of 2022 @ Diary No 5543 of 2022)
Ram Gopal Yadav and Another Appellant
Versus
State of Uttar Pradesh Respondents
ORDER
1 Delay condoned.
2 Leave granted.
3 The appellants were convicted by a judgment dated 17 November 2011 in Sessions Trial No 424 of 2005 of offences punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life.
4 Against the judgment of the District & Sessions Judge, Court No 2, Ferozabad, the appellants have filed Criminal Appeal No 6962 of 2011 which is pending Signature Not Verified Digitally signed by Chetan Kumar Date: 2022.04.28 15:17:53 IST Reason: Crl.A.672-73/2022 2 before the High Court for about eleven years. The applications for bail were rejected by the High Court on 19 September 2014 and 2 May 2017. 5 Notice was issued by this Court on 1 April 2022, when the following order was passed:
“1 The first and second petitioners who stand convicted for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code 1860 are stated to have undergone imprisonment for a term over 10 years 3 months without remission and 12 years 10 months with remission and 10 years 5 months without remission and 12 years 6 months with remission, respectively.
2 Issue notice on the application for condonation of delay and on the Special Leave Petition.
3 Liberty to serve the Standing Counsel for the State of Uttar Pradesh, in addition.
4 List the Special Leave Petitions on 22 April 2022.”
6 The State of Uttar Pradesh has accordingly appeared in pursuant to the notice through Mr Ardhendumauli Kumar Prasad, Additional Advocate General.
7 As noted in the previous order of this Court, the appellants have undergone actual imprisonment for a term of 10 years and 3 months and 10 years and 5 months respectively without remission. Since the appeal is not likely to be taken up for disposal in the near future, we are of the view that the ends of justice would be met if the appellants are granted bail pending the disposal Crl.A.672-73/2022 3 of the criminal appeal.
8 Accordingly, the appellants shall be released on bail subject to such terms and conditions as may be fixed by the Sessions Court in connection with Sessions Trial No 424 of 2005. The appellants shall cooperate in the early disposal of the criminal appeal.
9 The appeals are disposed of in the above terms. 10 Pending applications, if any, stand disposed of.
.....…...….......………………........J. [Dr Dhananjaya Y Chandrachud] .....…...….......………………........J. [Surya Kant] New Delhi;
April 25, 2022
CKB
Crl.A.672-73/2022
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ITEM NO.21 COURT NO.4 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.5543/2022 (Arising out of impugned final judgment and order dated 19-09-2014 in CRLA No.6962/2011 02-05-2017 in CRLMSBA No.11461/2016 passed by the High Court of Judicature at Allahabad) RAM GOPAL YADAV & ANR. Petitioner(s) VERSUS STATE OF UTTAR PRADESH Respondent(s) (With I.R. and IA No.32559/2022-CONDONATION OF DELAY IN FILING and IA No.32571/2022-DOCUMENT TAKEN ON RECORD and IA No.32561/2022- EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.32563/2022-EXEMPTION FROM FILING O.T.) Date : 25-04-2022 This petition was called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Nagendra Singh, Adv.
Dr. Sanjay Gupta, Adv.
Mr. Prateek Rai, Adv.
M/s. V. Maheshwari & Co.
For Respondent(s) Mr. Ardhendumauli Kumar Prasad, Adv. AAG Mr. Vishnu Shankar Jain, AOR Crl.A.672-73/2022 5 UPON hearing the counsel the Court made the following O R D E R 1 Delay condoned.
2 Leave granted.
3 In terms of the signed order, the appeals are disposed of and the appellants shall be released on bail subject to such terms and conditions as may be fixed by the Sessions Court in connection with Sessions Trial No 424 of 2005.
4 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Court Master
(Signed order is placed on the file)