- (1.)Leave granted.
(2.)The informant is before us assailing an order of the learned Single Judge of the Allahabad High Court. To say the least, the learned Judge has no conception about the power for granting parole which lies entirely with the State Government and the High Court can only release an accused in exercise of the power conferred upon it under the Criminal Procedure Code either for a full term or for a short term. We are surprised to find and are pained to narrate that the High Court, notwithstanding the earlier order of this Court cancelling the bail that had been granted to the accused, Udai Bhan Singh, had been persuaded to act in an insupportable manner in releasing the accused in the garb of parole for a period of one month and extending it for another one month. It may be noted that on the earlier occasion when the accused was released on bail, the informant had approached this Court and this Court, looking into the gravity of the offence and the seriousness of the charges where three murders had been committed in broad daylight, came to the conclusion that the order releasing the accused on bail was wholly erroneous and set aside the order of the High Court releasing the accused persons on bail. It may be stated that this Court also permitted the Public Prosecutor to move the High Court for cancellation of bail for others. We do not know as to what steps have been taken by the Public Prosecutor in the matter.
(3.)Subsequent to the aforesaid order, the accused moved the High Court for being released on bail for a short term and the High Court by the impugned order had released the accused Udai Bhan Singh initially for a period of one month and extended the same to yet another one month. Even the parole that was granted to the accused though continued only till 1-7-2002, the accused has surrendered on 16-7-2002, possibly only after notice was issued by this Court on 17-6-2002.