Supreme Court - Daily Orders
Rajesh Kumar Mishra vs The State Of Uttar Pradesh on 4 July, 2023
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2023
[arising out of SLP (Crl.) No. 6131 OF 2022]
RAJESH KUMAR MISHRA APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH RESPONDENT(S)
O R D E R
Leave granted.
The appellant – Rajesh Kumar Mishra has already suffered incarceration for about 12 years and 6 months. By order dated 04.11.2022, we had requested the High Court to take up the appeal for hearing expeditiously and the learned counsel for the appellant – Rajesh Kumar Mishra and the State of Uttar Pradesh were asked to cooperate and not to seek adjournment. The appeal preferred by the appellant – Rajesh Kumar Mishra has not been taken up for hearing by the High Court.
In view of the aforesaid factual position, we are inclined to accept the prayer and direct that the appellant – Rajesh Kumar Mishra will be released on bail/suspension of sentence in Sessions Trial no. 34/2012 for the offence(s) punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) during Signature Not Verified Digitally signed by Deepak Guglani Date: 2023.07.04 pendency of the appeal on terms and conditions to be fixed by the 19:51:52 IST Reason: trial Court.
Crl.A……../2023 @ SLP(Crl.) No. 6131/2022 1 Accordingly, the impugned order is set aside and the appeal is allowed in the aforesaid terms. We clarify that we have not made any observations/comments on the merits of the case.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (BELA M. TRIVEDI) NEW DELHI;
JULY 04, 2023.
Crl.A……../2023 @ SLP(Crl.) No. 6131/2022 2
ITEM NO.59 COURT NO.3 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 for Special Leave to Appeal (Crl.) No. 6131/2022 (Arising out of impugned final judgment and order dated 06-04-2022 in CMA No. 94400/2021 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) RAJESH KUMAR MISHRA APPELLANT(S) VERSUS STATE OF UTTAR PRADESH RESPONDENT(S) (FOR ADMISSION and I.R. and IA No.91329/2022-EXEMPTION FROM FILING O.T.) Date : 04-07-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Ms. Sunita Sharma, AOR Ms. Preeti, Adv.
Ms. Nishi Prabha Singh, Adv.
Mr. Hari Om Singh, Adv.
For Respondent(s) Mr. Parmanand Pandey, AOR Mr. Utkarsh Pandey, Adv.
Mr. Kartikay Sharma, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
In terms of the signed order, it is directed that the appellant – Rajesh Kumar Mishra will be released on bail/suspension of sentence in Sessions Trial no. 34/2012 for the offence(s) punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) during pendency of the appeal on terms and conditions to be fixed by the trial Court. Crl.A……../2023 @ SLP(Crl.) No. 6131/2022 3 Accordingly, the impugned order is set aside and the appeal is allowed in terms of the signed order. It is clarified that no observations/comments on the merits of the case have been made.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file) Crl.A……../2023 @ SLP(Crl.) No. 6131/2022 4