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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

Custody Certificate that the appellant has spent more

than 11 years of actual period of sentence in jail

and with remission, much more.

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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.