(Ranjan Gogoi and S. Abdul Nazeer, JJ.)
Khushia _________________________________________ Appellant
v.
The State of Uttar Pradesh ___________________________ Respondent
Criminal Appeal No(s). 828 of 2018 [Arising out of Special Leave Petition (Criminal) No. 2662 of 2018], decided on July 6, 2018
The Order of the court was delivered by
Order
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. Suspension of sentence in an appeal against conviction under Sections 364, 302/34, 201, 411 has been refused by the High Court. The accused – appellant has been in custody for nearly 12 years as the surrender certificate enclosed would show. The appeal before the High Court is of the year 2008 and will take some time for final disposal unless it is ordered to be expeditiously disposed of by this Court. We are not inclined to do so.
4. In the aforesaid fact situation we are of the view that the accused appellant should be released on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned trial Court in connection with S.T. No. 33/2007 (Case Crime No. 323 of 2006 under Sections 364, 302/34, 201, 411 IPC registered with P.S. Mandawali, District Bijnor).
5. The learned trial Court is free to impose appropriate condition(s) as it deems fit.
6. Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 2662/2018
Khushia _________________________________________ Petitioner
v.
The State of Uttar Pradesh Home Department Secretary ___ Respondent
Date : 06-07-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and S. Abdul Nazeer, JJ.)
For Petitioner(s) Mr. Girdhar Upadhyay, Adv.
Ms. Asha Upadhyay, Adv.
Mr. A.K. Upadhyay, Adv.
Mr. R.D. Upadhyay, AOR
For Respondent(s) Mr. Pradip Misra, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeal is disposed of in terms of the signed order.
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