Allahabad HC Releases 4 Elderly Accused Including 2 With 100% Blindness On Interim Bail Pending Premature Release Decision By UP Govt

The Allahabad High Court on Tuesday granted short-term bail to 4 elderly murder accused, including two with 100% blindness, till their cases for premature release - pending before the State Government - are not decided.

The order was passed by a bench of Justice Arvind Singh Sangwan and Justice Shiv Shanker Prasad in line with the HC's order of January 10, 2024 [passed in the case of Ganesh Vs. State of U.P. (Criminal Appeal No. 165 of 2016)].

For context, in the Ganesh case (supra), a division bench of the HC had directed all the Chief Judicial Magistrates/District Legal Services Authorities of all the Courts throughout the State to keep track of all the accused, who are in various jails of the State of Uttar Pradesh, whose cases have been recommended for premature release and also to release on them on interim bail accordingly, subject to the condition that in case recommendation of any accused is rejected by the State Government, he will surrender before the concerned Court and he will be sent to jail again.

Importantly, the directions in the Ganesh Case (supra) were issued considering the delay in disposing of the premature release cases in the light of the judgement of the Supreme Court in Rashidul Jafar @ Chota v. State of U.P. And Anr. 2022 LiveLaw (SC) 754.

Noting that its order in the Ganesh case (supra) had not been complied with qua the 4 accused-appellants before the Court, the Division Bench also called for an explanation from the concerned Chief Judicial Magistrate/District Legal Services Authority for their failure to release the present appellants on short-term bail in terms of HC's January 10, 2024 order.

Further, the Registrar General was also directed to obtain a compliance report qua order dated 10th January 2024 from all the concerned Chief Judicial Magistrate/District Legal Services Authority of the State of Uttar Pradesh.

"...despite the above instructions of this Bench [in Ganesh case (supra)], it seems that the same is not being followed and the accused-appellant nos. 1, 3, 4 and other accused Paal Singh (who is not party in the present appeal), whose cases have been recommended for premature release, have not been granted interim bail by the concerned court. In such circumstances, this Bench has no other option but to direct the concerned Chief Judicial Magistrate/District Legal Services Authority to submit explanation for not complying the order dated 10th January, 2024...(and to filed a) reply before the next date of listing," the Court directed.

In the meantime, the Court directed the release of the accused on short-term bail including 93-year-old Succha Singh (blindness 100% HTN with Old age Debilty), 57 Year Old Hardeep Singh (100% blindness), 83 Year Old Dalveer Singh (HTN, Cholelithiasis with Old Age Debilty), 52 Year Old Awatar Singh (suffering from throat diseases) and 72-Year-Old Pal Singh (HTN, COPD with old Age Debilty).

All the accused have been released on the condition that they shall observe peace and tranquillity during the period of short-term bail and shall not indulge in any unlawful activity. Further, the Court has directed that for the period of short-term bail, they shall be under the 24-hour vigil of the concerned Police, however, they will be free to move about to places that they want to go.

With this, their application for short-term bail was allowed, and their main appeal (challenging their conviction in the murder case) has been posted for hearing on March 22.

Case title - Succha Singh And 3 Others vs. State of U.P. 2024 LiveLaw (AB) 186 [CRIMINAL APPEAL No. - 2814 of 2022]

Case Citation: 2024 LiveLaw (AB) 186

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