Court No. - 36
Case :- CRIMINAL APPEAL No. - 6076 of 2006 Appellant :- Rajendra & Another Respondent :- State Of U.P.
Counsel for Appellant :- G.C. Saxena,A.P. Singh Raghav Counsel for Respondent :- Govt. Advocate,V.P.Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Order in Crl. Misc. 2nd Bail Application No. 43170 of 2008
Heard Sri Prashant Pandey, learned counsel for the appellants and Sri Ashish Pandey, learned AGA for the State.
It has been argued by the learned counsel for the appellants that the first bail application was rejected by another Bench of this Court comprising of Hon'ble Imtiyaz Murtaza, J. and Hon'ble K.N. Ojh, J. (as they then were) vide order dated 08.02.2008. This is the second bail application and it is submitted by the learned counsel for the appellants that the appellants are still languishing in jail for the last 12 years and they were on bail during trial and have not misused the liberty of bail. The appellants are in jail from the date of their conviction and the appeal is not likely to be heard in the near future.
In support of their argument, learned counsels for the appellants have placed reliance on the judgements of the Apex Court in the cases of 'Kamal v. State of Haryana' 2004 (13) SCC 526; 'Akhtari Bi v. State of Madhya Pradesh' 2001 AIR SC 1528 and 'Takht Singh v. State of Madhya Pradesh' 2001(10) SCC 463, and 'Santosh Singh Vs. State of U.P.' in CRLMP No. 5728 of 2016 wherein the Apex Court has held that in case the accused has undergone substantial period of detention and there is no prospect of the appeal being heard in the near future, accused is entitled to be released on bail.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellants, we are of the opinion that the appellants are entitled to be released on bail. The application for bail is allowed.
Let the appellants Rajendra and Randheer Singh convicted in Sessions Trial No. 415 of 1996 arising out of Case Crime No. 78 of 1994, under Sections 147/148/149/302/307/504 IPC r/w 27 Arms Act, Police Station Jaitiput, District Shahjahanpur be released on bail on they furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
(Rekha Dikshit, J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017 Madhurima