The Allahabad High Court has ordered the release of a prisoner convicted of murder on bail considering no possibility of early hearing of the appeal against the sentence.
The Division Bench of Justice Siddhartha Varma and Justice Manish Kumar Nigam passed this order while hearing a Criminal Appeal filed by Yashpal Yadav.
This is a second bail application. The first bail application was rejected by a coordinate Bench of the Court vide order dated 11.1.2019.
The application has been filed under Section 389 Cr.P.C to suspend the sentence of conviction and to release the applicant on bail in Sessions Trial arising out of Case under Sections 302/34 of Indian Penal Code and section 7 of Criminal Law Amendment Act and in Sessions Trial arising out of Case under section 25 of the Arms Act, Police Station – Kotwali, District Bareilly.
It is the contention of the counsel for the appellant that the applicant as on 31.1.2023 has actually remained in jail for 9 years 5 months and five days and with remission he has remained in jail for 10 years 10 months and one day.
It is also submitted that the applicant has no criminal history and that the conduct and behaviour of the appellant in jail was good and to the satisfaction of the jail authorities.
Still further, counsel for the appellant submitted that since the appeal is not likely to be heard and decided expeditiously in the near future, the applicant is, therefore, entitled to be released on bail.
Counsel for the appellant has placed reliance on the decision of the Supreme Court rendered in Saudan Singh vs State of U.P decided on 25.2.2022.
In rebuttal, AGA and Amit Kumar Srivastava, counsel appearing for the first informant, have opposed the bail application but they could not dispute the facts that the applicant has remained in jail for a fairly long period and that he has no criminal history.
“We have perused the judgement of the lower court with the assistance of the counsel for the parties. We are of the opinion that the sentence awarded by the trial court be kept in abeyance in respect of the applicant and the applicant be enlarged on bail. Consequently, the prayer for bail is granted”, the Court observed while allowing the bail application.
“Without expressing any opinion on the merit of the case, let the applicant-Yashpal Yadav, convicted and sentenced in the aforesaid case, be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned”, the Court ordered.