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ITEM NO.34 COURT NO.12 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1198/2022
(Arising out of impugned final judgment and order dated 07-09-2021 in CRLA No. 2786/2008 passed by the High Court Of Judicature At Allahabad)
BADRI SINGH & ANR. Petitioner(s)
VERSUS
STATE OF U.P. Respondent(s)
(FOR ADMISSION and I.R. and IA No.19722/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
FILING O.T. )
Date : 31-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE A.S. BOPANNA
HON’BLE MS. JUSTICE HIMA KOHLI
For Petitioner(s)
Mr. K. L. Janjani, AOR
Mr. Anil Kumar Pandey, Adv.
Mr. Pankaj Kumar Singh, Adv.
Mr. Shailja Kant Dubey, Adv.
Mr. Kailash J Kashyap, Adv.
Mr. Maninder Dubey, Adv.
For Respondent(s)
Ms. Ruchira Goel, AOR
Ms. Shubhali Pathak, Adv.
Mr. Adit Jayeshbhai Shah, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard the learned counsel for the petitioners as also the learned counsel for the respondent-State of Uttar Pradesh and perused the petition papers. At this stage itself, we note that the learned counsel for the respondent-State of Uttar Pradesh has instructions to submit that prior to filing the counter but after filing of the SLP, petitioner
2 no.2, who has completed 20 years of sentence, has been considered for remission and early release and orders have already been passed in that regard. Hence, the matter arises for consideration only in respect of petitioner no.1. It is made clear that as of now, if the petitioner no.1 has also completed 20 years of sentence, the respondent-state shall suo moto consider the case as to whether the petitioner no.1 qualifies for the remission and early release. If that be so, such decision be taken within three months from this day. Further, it is also made clear that irrespective of the result therein, if the appeal is not considered for a period of three months from this day, the High Court shall, at that stage, release the petitioner no.1 on bail subject to the conditions to be imposed therein and thereafter, consider the appeal on merits if it survives for consideration and remission is not considered in the meanwhile.
The petition is accordingly, disposed of.
Pending application(s), if any, shall stand disposed of
(NISHA KHULBEY) (DIPTI KHURANA)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR