Allahabad High Court
Mukhtar In Jail vs State Of U.P on 5 August, 2022
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL APPEAL No. - 2539 of 2004 Appellant :- Mukhtar In Jail Respondent :- State Of U.P Counsel for Appellant :- Rishad Murtaza, Alok Singh, Md. Altaf Mansoor, Sajeet Kumar Singh(Ami Cu Counsel for Respondent :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
(Criminal Misc. Application No. 3475 of 2012) This is the second bail application filed on behalf of the appellant-Mukhtar.
The first bail application was rejected vide order dated 05.10.2005 by the co-ordinate Benches of this Court.
Heard Sri Sajeet Kumar Singh, learned counsel for the appellant, Sri Hari Shankar Bajpai, learned A.G.A. for the State-respondent and perused the material brought on record on the instant application for bail.
The only ground which has been argued by the learned counsel for the appellant is that the appellant is in jail for last about 19 years i.e. from the date of judgment and this appeal is pending since 2004 and is likely to take a couple of years or even more in its final disposal, hence in view of the order of the Apex Court dated 25.02.2022 passed in Criminal Appeal No. 308 of 2022 arising out of S.L.P. (Crl) No. 4633 of 2021: Saudan Singh Versus State of U.P., the order dated 25.03.2022 passed by the Apex Court in Criminal Appeal No. 491 of 2022: Suleman Versus the State of Uttar Pradesh arising out of SLP (Crl) No. 1451 of 2022; the order dated 25.03.2022 passed by the Apex Court in Writ Petition (s) (Criminal) No. (s) 52 of 2022: Rajendra Singh and others Versus State of U.P. and order dated 01.04.2022 passed by the Apex Court in Criminal Appeal No. 540 of 2022: Brijesh Kumar @ Ramu Vs. The State of Uttar Pradesh arising out of SLP (Crl.) No. 1378 of 2022, appellant is entitled to be released on bail during the pendency of this appeal.
Learned A.G.A. on the other hand, opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the appellant.
A perusal of the order dated 25.02.2022 passed by the Apex Court in Saudan Singh's Case (supra) would reveal that one of the directions issued by the Apex Court, which is relevant, is as follows:-
"We have put to learned AAG and the learned counsel for the High Court that a list should be prepared for all cases where the person has served out a sentence of 14 years, is not a repeat offender, and in any case if in these cases at one go bail can be granted and cases remitted for examination under the Uttar Pradesh Prisoners Release on Probation Rules, 1938. In all these cases, there is a high possibility that if these people are released, they may not be even interested in prosecuting their appeals.
We are quite hopeful that the High Court will adopt the aforesaid practice and thus prevent the Supreme Court to be troubled with such matters."
Similar view has been expressed by the Apex Court in Suleman's case (supra), Rajendra Singh's case (supra) and Brijesh Kumar (supra).
Taking into consideration the aforesaid observations of the Apex Court and the undisputed fact that the appellant by now has served about 18 years of imprisonment in connection with the present case, without expressing any opinion on merits, we are of the view that the appellant is entitled to be released on bail.
Accordingly, the instant application for bail filed on behalf of appellant is allowed.
Let appellant Mukhtar convicted and sentenced in Sessions Trial No. 154 of 2001, under Section 460 IPC, Police Station Kotwali Nagar, District Balrampur, be released on bail on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to furnishing undertaking that he will co-operate in the hearing of the appeal.
On acceptance of bail bonds and personal bond, the lower Court shall transmit photostat copies thereof to this Court for being kept on the record.
Let this appeal be listed for final hearing in due course.
Office is directed to send a copy of this order to the concerned District Judge for necessary information to the appellant and for follow up action, forthwith through fastest mode.
The concerned District Judge is also directed to send the compliance report to this Court at the earliest, which shall be kept on record as soon as the same is received.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 5.8.2022 Arun