SUPREME COURT OF INDIA

Bhagwandas

Vs.

State of Uttar Pradesh

S.L.P. (Crl.) No. 1523 of 2004

(K. G. Balakrishnan and A. S. Lakshmanan JJ.)

23.07.2004

ORDER

Delay condoned.

1. Heard learned counsel for the petitioners and learned counsel for the respondents.

2. Petitioner nos. 1 to 41, 47 and 48 have undergone imprisonment for more than fourteen years and they were released earlier by an order passed by the Governor of Uttar Pradesh and they were re-arrested after the passing of the impugned judgment. In the facts and circumstances of the case, petitioners 1 to 41, 47 and 48 are directed to be released forthwith.  Details of the petitioners are given in Annexure-A-1 supplied by the learned counsel for the State.

3. Annexure -A-1 will form part of the order passed by us.

4. All these petitioners whose names are shown in Annexure A-1 are directed to be released forthwith and the copy of the order be sent to the Superintendent of Central Jail, Naini and Superintendent of Central Jail, Agra.

5. As regards other petitioners, learned counsel for the petitioners seeks permission to withdraw. Permission is granted. The special leave petition is disposed of.

SLP(Crl) 1517/2004

Post after one week.