Supreme Court - Daily Orders
Jitu Alias Satyendra Singh vs The State Of Uttar Pradesh on 12 February, 2021
Bench: A.M. Khanwilkar, Aniruddha Bose
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2021
(Arising out of SLP(Crl.)No._____ of 2021)
(Diary No. 24911 of 2020)
JITU ALIAS SATYENDRA SINGH Appellant (s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
O R D E R
Delay condoned.
Leave granted.
This appeal takes exception to the judgment and order dated 27.09.2019 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 3232 of 2014, whereby the High Court rejected the prayer for suspension of sentence and to release the appellant on bail during the pendency of the criminal appeal against conviction for offence punishable under Section 302 of Indian Penal Code.
Heard learned counsel for the parties. Signature Not Verified Digitally signed by Taking overall view of the matter and considering the DEEPAK SINGH Date: 2021.02.13 11:41:08 IST fact situation of this case including that the criminal Reason:
appeal pending before the High Court may not be taken up 2 for hearing in the immediate near future as it pertains to year 2014, whereas the appellant has already undergone more than 13 years in jail so far and his conduct in jail has been satisfactory, we direct that, during the pendency of the criminal appeal before the High Court, the sentence of the appellant (Jitu Alias Satyendra Singh) shall stand suspended and he be released on bail to the satisfaction of the Trial Court in connection with Case Crime No. 48 of 2007 registered at PS Garautha, Jhansi, Uttar Pradesh on such terms and conditions as may be imposed by the Trial Court. We are inclined to grant bail to the appellant also because it is time that his case be considered for premature release as per the extant provisions/rules.
Hence, we set aside the impugned order passed by the High Court. The appeal is allowed in the above terms.
Pending applications, if any, stand disposed of.
…...................J (A.M. KHANWILKAR) …...................J (ANIRUDDHA BOSE) New Delhi February 12, 2021 3 ITEM NO.25 Court 5 (Video Conferencing) 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(s). 24911/2020 (Arising out of impugned final judgment and order dated 27-09-2019 in CRLA No. 3232/2014 passed by the High Court Of Judicature At Allahabad) JITU ALIAS SATYENDRA SINGH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.119248/2020-CONDONATION OF DELAY IN FILING and IA No.119250/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.119249/2020-EXEMPTION FROM FILING O.T. and IA No.119251/2020-EXEMPTION FROM FILING AFFIDAVIT IA No. 129996/2020 - APPLICATION FOR PERMISSION IA No. 119248/2020 - CONDONATION OF DELAY IN FILING IA No. 130001/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 119251/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 119250/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 119249/2020 - EXEMPTION FROM FILING O.T.) Date : 12-02-2021 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Rajul Bhargava, Sr. Adv.
Mr. Kartikeya Bhargava, AOR For Respondent(s) Mr. Krishnanand Pandeya, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is allowed in terms of the signed order. 4 Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]