HOM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this petition legality of the order dated 28-5-1992 passed by the learned Sessions Judge, Etawah, has been questioned by the petitioner. By the aforesaid order, bail granted to petitioner on 21-5-1986 in pursuance of the order dated 11-7-1984 of the Hon'ble Supreme Court has been cancelled and the petitioner has been directed to be taken into custody for serving out the sentence.

(2.) Facts necessary for appreciating the controversy involved in the present writ petition are that petitioner Hom Singh was tried, convicted and sentenced to life imprisonment in Sessions Trial No. 74 of 1973, under S. 302/149, 323/149 and 148, I.P.C., by order dated 30-7-1973, passed by Sessions Judge Etawah. The aforesaid order became final to the petitioner and he was transferred to Central Jail, Fatehgarh for serving out the sentence on 22-4-1979 from Etawah District Jail. Petitioner filed Writ Petition No. 2778 of 1983 before Hon'ble Supreme Court. The writ petition of the petitioner along with a bunch of petitions was decided on 11-7-1984 with a direction to the State Government to decide the application of petitioner for release on licence, within a period of five months and if the application is not disposed of within the aforesaid period, the petitioner shall be released on bail to the satisfaction of the concerned District and Sessions Judge, who shall satisfy himself that the application of the petitioner has actually not been disposed of within the time limit specified above. The order also directed that in case of application, being rejected, it shall be open to the State Government to move an application before the concerned District and Sessions Judge for cancellation of the bail. The order dated 11-7-1984 passed by the Hon'ble Supreme Court is being reproduced below :-

(3.) In pursuance of the aforesaid order, petitioner was released on bail on 21-5-1986 from Central Jail, Fatehgarh. State Government moved an application on 5-3-1992 for cancellation of the bail of the petitioner stating that his application under Section 2 of the Uttar Pradesh Prisoners' Release on Probation Act, 1938 (hereinafter referred to as the Act) had been rejected on 26-7-1986 and the petitioner is not entitled to remain on bail and the bail may be cancelled. On this application a notice was issued to the petitioner from the date 1-4-1992. The learned Sessions Judge, Etawah, after hearing both the parties, has cancelled the bail by order dated 28-5-1992 and has directed the petitioner to be taken in to custody and for being committed to jail to serve out the sentence passed against him. Aggrieved by this order, the petitioner has approached this Court under Article 226 of the Constitution.