The Allahabad High Court has directed the release on bail of Mahoba’s Kallu @ Jai Kumar, who spent 15 years in jail for murder.
The Division Bench of Justice Manoj Misra and Justice Syed Aftab Husain Rizvi passed this order while hearing a Criminal Appeal filed by Kallu @ Jai Kumar and Another.
The first bail prayer of the appellant no 1 (Kallu @ Jai Kumar) was rejected by order dated 24.09.2014 thereafter second bail prayer was rejected on 19.02.2016 and third bail prayer was rejected on 17.03.2020.
The fourth bail prayer of the appellant no1 has been pressed on the ground that as per the custody certificate annexed along with the supplementary affidavit dated 25.04.2022, the appellant no 1 by 25.04.2022 has served 12 years 10 months 15 days of actual sentence and 15 years 02 months and 14 days with remission awarded.
It has been submitted that the appeal of the appellant has remained pending for over nine years and it is a case where there was no proven source of light to recognise the assailants as the incident occurred between 1 am and 3 am.
It has also been submitted that it is a case where the appellant no 1 has been implicated on account of there being a landlord-tenant dispute. It has also been urged that the co-accused has been released on bail.
The Court further noted that, in addition to above, we have been apprised of the order dated 25th February, 2022 of the Supreme Court in Criminal Appeal, wherein directions have been issued to consider remission of sentence of all those convicts, other than of the excepted category, who have undergone over 14 years of sentence whilst their appeal has remained pending for 10 years or so.
P.S. Jadaun, Brief Holder, appearing for the State, though has opposed the prayer for bail but could not point out any such circumstance to demonstrate that the appellant no 1 has criminal history or is a habitual offender or that the offence falls in any of the excepted category of offences where no remission can be granted.
“In view of the above, bearing in mind the orders passed by the Apex Court, dated 25.02.2022 and 09.05.2022 in Saudan Singh’s case (supra) and Suleman’s case (supra), respectively, and there being no dispute that the appellant no1 by now has served over 15 years of imprisonment with remission in connection with the case, without expressing any opinion on the merits and without prejudice to the right of the appellant no1 to pursue this appeal or pray for remission as per law, we are of the view that the appellant no1 is entitled to be released on bail,” the Court observed.
The Court ordered,
Let the accused appellant no 1 applicant Kallu alias Jai Kumar, convicted and sentenced by Additional Sessions Judge, Mahoba, order dated 28.09.2013 in Sessions Trial, for offence punishable under Section 302 IPC, be released on bail in the above case on furnishing personal bond and two sureties each of the like amount to the satisfaction of the Chief Judicial Magistrate, Mahoba subject to furnishing undertaking that he will cooperate in the hearing of the appeal.
There shall be stay on the realization of fine, if not deposited already.
On acceptance of his bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Let the appeal be listed for ‘final hearing’ after three months. In the meantime, a paper book of the appeal be prepared.
The Registry is directed to communicate the order to the Chief Judicial Magistrate of the district concerned who shall ensure that the same is communicated to the prisoner in the jail concerned.