(Uday Umesh Lalit, Indira Banerjee and K.M. Joseph, JJ.)
Khoob Lal ________________________________________ Appellant;
v.
State of Uttar Pradesh ______________________________ Respondent.
Criminal Appeal No. 474 of 2021 (@ out of SLP (Crl.) No. 2369/2021), decided on May 7, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal challenges the judgment and order dated 23-01-2020 passed by the High Court of Judicature at Allahabad, Lucknow Bench in CRLMA No. 141177/2019 preferred by the present appellant in Criminal Appeal No. 2461 of 2008.
3. The appellant alongwith his co-accused was found guilty of having committed offence punishable under Sections 302 read with 34 IPC by the Additional Sessions Judge, FTC-05, Lakheempur Khiri, U.P and was sentenced to suffer imprisonment for life.
4. Aggrieved by the order of conviction and sentence, the appellant has preferred Criminal Appeal No. 2461 of 2008 which is still pending consideration before the High Court.
5. It is a matter of record that the appellant has completed 17 years of actual sentence.
6. His application preferred under Section 389 of the Code of Criminal Procedure (“the Code” for short) in said Criminal Appeal No. 2461 of 2008 having been rejected, the instant appeal has been preferred.
7. Heard learned counsel for the parties.
8. Considering the length of actual sentence suffered by the appellant, in our view, the appellant is entitled to the benefit under Section 389 of the Code.
9. We therefore, allow this appeal, set aside the order under challenge and direct that the appellant be produced before the concerned Chief Judicial Magistrate within three days and the Chief Judicial Magistrate shall release the appellant on bail subject to such conditions as he may deem appropriate to impose.
10. The benefit of bail shall be available to the appellant during the pendency of Criminal Appeal No. 2461 of 2008.
11. With the aforesaid directions, this appeal is allowed.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 2369/2021
(Arising out of impugned final judgment and order dated 23-01-2020 in CRLMA No. 141177/2019 in Crl. A. No. 2461/2008 passed by the High Court of Judicature At Allahabad, Lucknow Bench)
Khoob Lal.….Petitioner(s)
Versus
State of Uttar Pradesh.….Respondent(S)
(For Admission and I.R. and IA No. 38520/2021-Exemption from Filing C/C of the Impugned Judgment and IA No. 38519/2021-Exemption From Filing O.T. and IA No. 38521/2021-Permission to file Additional Documents/Facts/Annexures
Date: 07-05-2021 This petition was called on for hearing today.
(Before Uday Umesh Lalit, Indira Banerjee and K.M. Joseph, JJ.)
For Petitioner(s) Mr. Mohd. Irshad Hanif, AOR
Mr. Aarif Ali Khan, Adv.
Mr. Rizwan Ahmad, Adv.
Mr. Mujahid Ahmad, Adv
For Respondent(s) Mr. Adarsh Upadhyay, AOR
UPON hearing the counsel the Court made the following
ORDER
12. Leave granted.
13. The appeal is allowed in terms of the signed order.
14. Pending applications, if any, shall stand disposed of.
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