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In a case where a bail applicant had served more than 18 years with remission and more than 14 years actual sentence, while his second bail application was rejected by the Allahabad High Court, the Supreme Court on Monday sought a response from the Registrar, High Court of Allahabad to send a report forthwith informing it whether the paper book was prepared in pursuance to the direction passed by the Division Bench on January 9, 2019 and if so when and whether any steps were taken to list the appeal thereafter.

A bench of Justices SK Kaul and MM Sundresh further expressed its dissatisfaction with the High Court's approach, noting that,

"All that the High Court states it is still not a fit case for bail!"

One Dharmendra had approached the top court having undergone 14 years, 11 months and 16 days of actual sentence and 17 years, 11 months and 5 days with remission as on January 5, 2021.

It was found that the High Court had directed the office to prepare paper books within four weeks and list the appeal immediately for hearing and this was as far back on January 9, 2019.

The counsel for the petitioner told the court that:

(a) Dharmendra had served more than 18 years with remission and more than 14 years actual sentence. “Form-A” was presented by the Jail Authorities under the Uttar Pradesh Prisoners Release on Probation Act for his premature release but the same was still pending consideration, whereupon District Manager Ghaziabad and SSP Ghaziabad have recommended his premature release.
(b) Paper book has not been prepared despite the direction of the High court and without paper book final hearing cannot take place.
(c) Dharmendra was also transferred to Model Jail, Lucknow due to his good conduct and has been serving his sentence there since last 3 years.

Hearing this, the Court said, "In our view all the aforesaid facts make disturbing meanings."

Thus while issuing notice to State through standing counsel, returnable on March 2, 2022, the court ordered,

"We also call upon the Registrar, High Court of Allahabad to sent a report forthwith to us as to whether the paper book was prepared in pursuance to the direction passed by the Division Bench on 09.1.2019 and if so when and whether any steps were taken to list the appeal thereafter."

Case Title: DHARMENDRA v THE STATE OF UTTAR PRADESH