Shrikant Mishra vs The State Of Uttar Pradesh

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). _____ OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NO. 8856 OF 2018]

SHRIKANT MISHRA Appellant(s)

VERSUS

THE STATE OF UTTAR PRADESH Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant has been convicted under Section

302/34 IPC on the file of Additional Sessions Judge,

Gonda and has been sentenced to life imprisonment

among other sentences. His appeal, being Criminal

Appeal No. 1111 of 2008 has been pending before the

High Court of Judicature of Allahabad, Lucknow Bench.

3. When the matter came up to this Court on

admission, on 10.10.2018, we directed the appellant

to produce the Custody Certificate. Accordingly, the

appellant has produced the Custody Certificate from

the Superintendent of Jail. It is seen from the Signature Not Verified Custody Certificate that the appellant has spent more Digitally signed by JAYANT KUMAR ARORA Date: 2019.01.19 10:35:10 IST Reason: than 11 years of actual period of sentence in jail

and with remission, much more.

2

4. Be that as it may, since the appeal is yet to be

taken up for final hearing before the High Court, we

are of the view that during the pendency of the

appeal before the High Court, the appellant be

released on bail, subject to such rigorous conditions

as may be fixed by the trial court. Ordered

accordingly.

5. The appellant is directed to be released on bail

during the pendency of the appeal before the High

Court, subject to such rigorous conditions as may be

fixed by the trial court, in case he is not required

to be detained in any other case.

6. In view of the above, the appeal is disposed of.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ DEEPAK GUPTA ]

.......................J. [ HEMANT GUPTA ]

New Delhi;

November 20, 2018.