Court No. - 49

Case :- CRIMINAL APPEAL No. - 3493 of 2008

Appellant :- Jasram And Others

Respondent :- State of U.P.

Counsel for Appellant :- Raj Singh,C.S Srivastava,Ghanshyam

Das,Imran Ullah,Manoj Kumar Srivastava,Mohd. Samiuzzaman

Khan,Noor Mohammad,Noor Muhammad,S.S.Rajput,Sanjay

Mishra,Satish Trivedi,Sudhansu Srivastava

Counsel for Respondent :- Govt.Advocate

Hon'ble Suneet Kumar,J.

Hon'ble Vikram D. Chauhan,J.

Heard Mohd. Samiuzzaman Khan, learned counsel for the

appellant no.1 and Sri Noor Muhammad, learned counsel for

the appellant nos.2 and 3 and learned A.G.A. for the State.

The instant appeal has been preferred with the prayer to

suspend the sentence of conviction and to release the appellants

on bail in Session Trial No. 928 of 2002 (State vs. Jasram and

Others), under section 147, 148, 149, 302 I.P.C., as well as in

Session Trial No.929 of 2002 (State vs. Jasram), under Section

25 Arms Act, Police Station Narsena, District Bulandshahar,

during the pendency of the criminal appeal.

As per the report of Senior Superintendent, Central Jail-

Bareilly dated 7th November, 2021 the appellants have

undergone incarceration for almost 14 years, 9 months with

remission 19 years, 1 month and three days. It is urged that the

appeal is not likely to be heard in near future.

Having regard to the decisions of the Supreme Court in Saudan

Singh Vs. The State of Uttar Pradesh (Criminal Appeal

No.308 of 2022), Pintu Saini Versus State of U.P. (Special

Leave to Appeal (Crl.) No. 5845 of 2021 and Madan Singh

Versus State of Madhya Pradesh (Special Leave to Appeal

(Crl.) Nos. 1319 of 2018) as well as the decisions of this Court

passed in Criminal Appeal No. 4711 of 2015 (Babloo Singh

@ Neeraj Singh Versus State of U.P.) and Criminal Appeal

No. 3827 of 2012 (Sushil Kumar Yadav @ Babloo Versus

State of U.P.), the applicants are entitled to be enlarged on bail.

Learned AGA has strongly opposed the prayer for bail but he

has not been able to dispute the aforenoted authorities.

We have perused the judgment and the records of the lower

court with the assistance of the learned A.G.A. We are of the

opinion that the sentence awarded by the trial court be kept in

abeyance and the appellants be enlarged on bail.

Consequently, the prayer for bail is granted.

Without expressing any opinion on the merits of the case, let

the appellants/applicants -Jasram, Devendra Singh alias Jafroo,

Surendra and Jogendra, convicted and sentenced in aforesaid

case be released on bail on their furnishing personal bond with

two sureties each in the like amount to the satisfaction of the

court concerned.

The fine imposed by the trial court shall remain stayed till the

decision of the appeal.

On acceptance of bail bond and personal bond, the lower court

shall transmit photostat copies thereof to this Court for being

kept on the record.

Office to send a copy of this order to the concerned Jail

Superintendent through the Chief Judicial Magistrate concerned

for compliance.

Order Date :- 22.3.2022

Nitendra

Digitally signed by NITENDRA

TIWARI

Date: 2022.03.24 12:24:04 IST

Reason:

Location: High Court of Judicature at

Allahabad