RAM ROOP SHUKLA & ORS. Vs. STATE OF U.P. & ORS.
LAWS(SC)-1986-1-28
SUPREME COURT OF INDIA
Decided on January 21,1986

Ram Roop Shukla And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Tulzapurkar, J. - (1.) This Criminal Misc. Petition was really uncalled for in view of the fact that this Courts order dated April 15, 1985 was absolutely clear. The order mentions that if "for any reason" the application of the Petitioner for premature release was not disposed of within the specified period, the Petitioner shall be released on his furnishing bail to the satisfaction of the concerned District & Sessions Judge. It appears that the A-Form which was earlier filled by the Petitioner was misplaced and for this reason the Petitioner was asked to submit a fresh A-Form but in the meantime the specified period of four months expired. The order was clear that if for any reason his application for premature release was not disposed of within the specified period, he should have been released on bail but till now he has not been released on bail. The conduct on the part of the Jail Authorities therefore is highly objectionable and verges on contempt of this Courts order. It was suggested during the course of arguments by Counsel for the state that the original A-Form may be missing at the instance of the petitioner but there is neither any averment or even a whisper to this effect in the Criminal Misc. Petition. It was most uncharitable for Counsel to make such a suggestion in the Court with a view to find fault with the Petitioner justifying the non-release on bail. We, therefore, direct that the Petitioner should be released on bail forthwith on his personal bond and simultaneously at the time of his release he shall execute a fresh A-Form' for consideration by the appropriate authorities.
(2.) Criminal Misc. Petition is disposed of with the above directions.;


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