The Allahabad High Court has granted the bail application of Chhota alias Chhota, Sunil and Pradeep of Jhinjhana police station, Muzaffarnagar, who are serving life sentences on charges of kidnapping and murder.
The Division Bench of Justice Arvind Singh Sangwan and Justice Mohd Azhar Husain Idrisi passed this order while hearing a Criminal Appeal filed by Chota @ Chhota and others.
The Applications for grant of bail have been filed in these appeals on behalf of accused appellants, namely, Chota @ Chhota, Sunil and Pradeep, who have been convicted in session trial under Sections 364-A, 302/34 IPC, Police Station Jhinjhana, District Muzaffar Nagar.
Counsel for the appellants submitted that all the appellant have undergone more than 15 years of actual sentence and 17 years total sentence including remission.
It is further submitted that it is a case where a missing report regarding the victim was recorded and there is no last seen evidence.
It is next submitted that the case is based on circumstantial evidence.
Counsel for the appellants also submitted that the appeal pertains to the year 2014 and is not likely to mature in near future and, therefore, the accused-appellants be released on bail as their case is covered by the decision of Supreme Court in Saudan Singh Vs State of UP, and the recent order of the Supreme Court dated 09.05.2022.
A.G.A for the State could not dispute the actual sentence undergone by the accused-appellants and the fact that appellants have no criminal antecedents.
“Considering the arguments of the counsel for the parties discussed herein above, the facts and circumstances of the case, period of sentence already undergone by the accused-appellants and the fact that the appeal is not likely to be listed for final disposal in near future, we grant suspension of sentence to the appellants during the pendency of the appeal in view of the decision of the Apex Court in Saudan Singh (Supra),” the Court observed.
The Court ordered that,
Let accused-appellants, Chota @ Chhota, Sunil and Pradeep convicted and sentenced in the aforesaid sessions trial, be released on bail during the pendency of the appeal subject to their furnishing personal bonds and two sureties each of the like amount to the satisfaction of the Court concerned with the following conditions :-
(i) The appellants shall file an undertaking to the effect that they shall not seek any unnecessary adjournment.
(ii)) The appellants shall not leave India without permission of the Court.
(iii) The appellants shall inform the change of address within 10 days, failing which the State shall be at liberty to request for cancellation of their bail. Fine shall be deposited within three months.