Supreme Court - Daily Orders
Amit Pandey @ Rahul Pandey vs The State Of Uttar Pradesh on 22 August, 2023
Author: Vikram Nath
Bench: Vikram Nath
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2496 OF 2023
[Arising from SLP(Crl.) No.5822/2021]
AMIT PANDEY @ RAHUL PANDEY APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal challenges the order dated 22.07.2021 passed by the learned Single Judge of the High Court of Judicature at Allahabad, Bench at Lucknow in Bail No.9746 of 2019, whereby the accused-respondent No.2 has been granted bail in Case Crime No.106 of 2014 under Sections 147, 148, 149, 302, 120B and 34 IPC, registered with Police Station Jaitpur, District Ambedkar Nagar.
3. The ground to challenge by the complainant is two fold, firstly, that the accused-respondent No.2 had earlier in 1999 committed murder of the Inder Bhan Pandey, uncle of the appellant, where the appellant’s father, Uday Bhan Pandey, was the Signature Not Verified Digitally signed by Neetu Khajuria Date: 2023.08.23 10:24:39 IST Reason: informant, which was registered as Case Crime No.73 1 Crl.A. No._____@ SLP(Crl.) No.5822/2021 of 1999. In the trial of the said case, the accused- respondent No.2 was convicted, which was confirmed by the High Court and an appeal is pending before this Court.
4. During the time when accused-respondent No.2 was seeking exemption from surrendering, he committed the second murder of the informant of the first case, namely, Uday Bhan Pandey, father of the appellant, which was registered as Case Crime No.106 of 2014.
5. The second ground raised is that the accused-respondent No.2 has more than 10 criminal antecedents, a list of which has been provided by the respondent-State of Uttar Pradesh in its counter affidavit.
6. We have also noticed that bail was granted to the accused-respondent No.2 by this Court on 09.04.2021 in the pending Criminal Appeal No.409 of 2019 on health grounds. The health grounds as noticed from the counter affidavit of the State is spondylitis and arthritis.
7. The High Court by the impugned order had granted bail to the accused-respondent No.2 in the 2 Crl.A. No._____@ SLP(Crl.) No.5822/2021 second case arising from Case Crime No.106 of 2014, without noticing such facts regarding the first murder committed by him in which he was convicted and also the other criminal antecedents.
8. For the above reasons, we find that the order of the High Court cannot be sustained.
9. Accordingly, we allow this appeal; set aside the order of the High Court and reject the prayer for grant of bail made before the High Court.
10. The accused-respondent No.2 shall surrender within a period of two weeks from today, failing which the State will be at liberty to forthwith arrest him and take other coercive measures.
11. Needless to mention, any observation made in this order will not influence the trial.
12. Pending application shall also stand disposed of.
.......................J. (VIKRAM NATH) .......................J. (AHSANUDDIN AMANULLAH) NEW DELHI;
AUGUST 22, 2023 3 Crl.A. No._____@ SLP(Crl.) No.5822/2021 ITEM NO.18 COURT NO.8 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). 5822/2021 (Arising out of impugned final judgment and order dated 22-07-2021 in BN No. 9746/2019 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) AMIT PANDEY @ RAHUL PANDEY Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (IA No. 95380/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 95381/2021 - EXEMPTION FROM FILING O.T.) Date : 22-08-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Sanjay Mani Tripathi, Adv.
Mr. Suraj Singh, Adv.
Mr. Kamal Kant Tripathi, Adv. Ms. Anu Gupta, AOR For Respondent(s) Mr. Ardhendumauli Kumar Prasad, A.A.G. Mr. Rohit K. Singh, AOR Mr. Punedndu Bajpai, Adv. Mr. Ashish Madaan, Adv.
Ms. Ananaya Sahu, Adv.
Mr. Shekhar G Devasa, Adv. Mr. Manish Tiwari, Adv.
Ms. Thashmitha Muthanna, Adv. Mr. Shashi Bhushan Nagar, Adv. M/S. Devasa & Co., AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.4
Crl.A. No._____@ SLP(Crl.) No.5822/2021 The appeal is allowed in terms of the signed order.
Pending applications shall also stand disposed of.
(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.) 5