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2026 Supreme(SC) 448

J. K. MAHESHWARI, ATUL S. CHANDURKAR
Surendra @ Sunda – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. Mr. Robin Kumar, Adv. Ms. Shweta Jayshankar Dwivedi, Adv.
For the Respondent(s): Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. T. R. B. Sivakumar, AOR Mr. Chand Qureshi, AOR /S. Dubey & Chandra Law Chambers, AOR Mr. Ravi Raghunath, AOR (assisting Amicus Curiae)

ORDER

1. Leave granted.

2. The instant Criminal Appeal was brought to challenge the order [Order dated 13.09.2018 passed in Criminal Appeal No.370 of 1983] of the Allahabad High Court (hereinafter referred to as “High Court”) confirming the conviction for the charge under Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentence of life imprisonment awarded to the appellant.

3. On 13.08.2024, when the appeal came up for hearing, it was informed that the appellant was released on bail in furtherance to the order dated 15.3.2024 passed by the Chief Judicial Magistrate, Mathura. The order passed by the Chief Judicial Magistrate was in pursuance of the order dated 10.1.2024 of the High Court in Criminal Appeal No. 165 of 2016, titled Ganesh vs. State of U.P. The High Court in the said order had directed to release the convicts on bail in case their applications for premature release were kept pending for more than six months. It is not out of place to mention that the direction as issued in the Ganesh (Supra) was not related to the case of the appellant and the sentence served by the appellant till the date of his release was

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