Allahabad High Court
Dharmendra Kumar vs State Of U.P. And Another on 19 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- APPLICATION U/S 483 No. - 134 of 2022 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Singh Somvanshi,Avinsh Chandra Tripathi,Raghvendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Instant application under Section 483 Cr.P.C. has been filed by the applicant with averment that he is held in jail custody since 25.5.2016 in Case Crime No. 419 of 2016, under Sections 147, 149, 332, 353, 427, 447 IPC and Section 3 of Public Property Damage Act, P.S. Raya, District Mathura, along with some other accused persons.
It is submitted by learned counsel for the applicant that applicant is in jail for six years whereas maximum sentence provided for offences in instant case is five years and fine. The accused has already undergone maximum substantive sentenced which may be awarded in case of conviction, therefore, further detention of the accused after having undergone maximum period of imprisonment provided for the offences is in violation of Article 14, 20 and 21 of the Constitution of India, therefore, it is prayed that necessary orders may be passed in the case to ensure release of the applicant from jail custody. Learned A.C.J.M., Ist Mathura, in her report dated 1.12.2012 stated that as per information received from jail authorities, in instant case the applicant was granted bail along with release order passed under Section 436-A Cr.P.C. on 26.5.2021 in compliance of directions of Hon'ble Apex Court in Writ Petition No. 1 of 2020 in Re contagion of Covid-19 dated 30.4.2021. He has also stated that as per report of Jail Superintendent, accused was sent to jail on 28.5.2016 in Case Crime No. 174 of 2016, under Sections 147, 148, 149, 323, 352, 353 IPC, P.S. Sadar Bazar, District Mathura and he is also in jail custody in Case Crime No. 171/2016, under Sections 147, 148, 149, 323, 392 IPC and Section 7 CLA. Out of the above mentioned case crime numbers, accused is acquitted in Case No. 174 of 2016 vide judgment dated 29.7.2019 and now he is only languishing in Case Crime No. 171 of 2016, under Section 147, 148, 149, 323, 392 IPC and Section 7 CLA, P.S. Sadar Bazar, District Mathura and matter is pending in the court of Civil Judge, S.D.( FTC).
From perusal of record, it appears that applicant has already been enlarged on bail and release order has already been passed in the case and he is in jail custody in Case Crime No. 171 of 2016 as aforesaid, therefore, accused is at liberty to move for bail in that case for seeking any other relief from the court concerned which is permissible under law.
Accordingly, instant application stands disposed of with above observations.
Court concerned is directed to expedite the trial of the criminal case pertaining to Case No. 12375 of 2016 arising out of Case Crime No. 419 of 2016, P.S. Raya, District Mathura, as expeditiously as possible, if the same has not been decided so far and every effort be made to conclude the trial at the earliest, preferably within a period of one year from the date of production of certified copy of this order.
Order Date :- 19.4.2023 A.P. Pandey