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Ashok Dixit vs The State Of Uttar Pradesh on 14 March, 2023

Bench: V. Ramasubramanian, Pankaj Mithal

                                   IN THE SUPREME COURT OF INDIA
                                  CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL APPEAL NO.         OF 2023
                                    (@ SLP (Crl.) No.2550/2023)


     ASHOK DIXIT                                                              APPELLANT (S)

                                                       VERSUS

     THE STATE OF UTTAR PRADESH                                              RESPONDENT (S)




                                              O R D E R

Leave granted.

The appeal arises out of the order of the High Court of Judicature at Allahabad rejecting an application for bail pending an appeal against conviction.

Heard the learned counsel for the parties. The appellant was convicted by the Trial Court for an offence punishable under Section 302 IPC and imposed with a sentence of life imprisonment. His appeal before the High Court is now pending for the past seven years. Admittedly, he has already spent more than fifteen years in custody.

Though the learned Standing Counsel for the State drew our attention to the fact that there are about 75 cases against the appellant, we are of the view that insofar as the present case is concerned, the appellant has already spent more than fifteen years in custody. His appeal before the High Court is of the year 2015. Therefore, there is no chance of the appeal being heard in the near Signature Not Verified Digitally signed by NIRMALA NEGI future.

17:07:29 IST Reason: 1  Hence, the appeal is allowed. The appellant is directed to be released on bail subject to such terms and conditions as imposed by the Trial Court.

.......................J. ( V.RAMASUBRAMANIAN ) .......................J. ( PANKAJ MITHAL ) NEW DELHI;

MARCH 14, 2023
RS




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ITEM NO.22                 COURT NO.14                 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).2550/2023

(Arising out of impugned final judgment and order dated 20-11-2019 in CRMSBA No. 156158/2017 passed by the High Court Of Judicature At Allahabad) ASHOK DIXIT Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No. 27522/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 27519/2023 - EXEMPTION FROM FILING O.T. IA No. 27524/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 14-03-2023 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Aarif Ali, Adv.

Mr. Mujahid Ahmad, Adv.

Mr. Chand Qureshi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed in terms of the signed order which is placed on the file. The operative part of the order is as follows:

“Hence, the appeal is allowed. The appellant is directed to be released on bail subject to such terms and conditions as imposed by the Trial Court.” Pending application(s), if any, shall stand disposed of.

(RADHA SHARMA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) 3