Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh (Crl.Appeal No.308/ 2022), the Allahabad High Court on Wednesday granted bail to one Fareed who has already served over a total of 16 years in jail.

The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent observations made by the Supreme Court in the case of Suleman v State of Uttar Pradesh| Criminal Appeal No.491/2022.

It may be noted that while in Saudan Singh Case (supra), expressing concern about the long pendency of criminal appeals before the Allahabad High Court, the Supreme Court, on Feb 25, laid down some broad parameters that can be adopted by the High Court while granting bail.

Read more about the case here: Allahabad HC Criminal Appeals Pendency : SC Suggests Convicts Serving More Than 14 Yrs Sentence Be Granted Bail Or Considered For Early Remission

On the other hand, in Suleman case (supra), the Apex Court, on March 25, termed the state of affairs before the Lucknow Bench of Allahabad High Court as "disturbing" on being apprised of the pendency of bail applications of convicts who have undergone more than 16 years of incarceration and non-availability of criminal bench to hear the same for the last 25 days.

Read more about the case here: Criminal Appeals From 1980s Pending In Allahabad HC; Convicts Awaiting Bail Even After 16 Yrs Sentence : Supreme Court Says "Disturbing State Of Affairs"

The case before the High Court in brief

Essentially, the HC was dealing with the Fifth Application for Bail filed by one Fareed (a Murder Convict), who has already served over 16 years i.e. from the date of the impugned judgment of his conviction (January 7, 2004) to April 18, 2015, and after that w.e.f. August 21, 2019, to till date.

His counsel submitted that this appeal is pending since 2004 and is likely to take a couple of years or even more in its final disposal, therefore, it was prayed that in view of the orders of the Apex Court in Saudan Singh case, Suleman case, and the case of Rajendra Singh & Ors v State of UP| Writ Petition (Criminal) 52/2022, the appellant be released on bail during the pendency of this appeal

It may be noted that in the Rajendra Singh case (supra), the Supreme Court last week enlarged 12 convicts on bail who were in custody for more than 14 years and whose bail applications were pending before the Allahabad High Court for years.

"Taking into consideration the aforesaid observations of the Apex Court and the undisputed fact that appellant by now has served more than 16 years of imprisonment in connection with the case, without expressing any opinion on the merits, we are of the view that the appellant is entitled to be released on bail," the HC observed as it allowed the instant fifth application for bail.

Case title - Fareed In Jail v. State of U.P.

Case Citation: 2022 LiveLaw (All) 150

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