HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 5289 of 2002 Petitioner :- Rajendra Narain Dwivedi Respondent :- State Of U.P. Petitioner Counsel :- M.C. Chaturvedi,B.S. Shrinet,S.C. Dwivedi Respondent Counsel :- D.G.A. Hon'ble Amar Saran,J.
Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the appellant, learned A.G.A.for the State and perused the lower court's record.
This appeal has been preferred against the judgment and order dated 31.10.2002 in which prayer for bail has been made on behalf of the appellant Rajendra Narain Dwivedi, who has been convicted by learned Special Judge S.C./S.T. Act/Additional District Sessions Judge, Hamirpur in S.T. No.68 of 2000 (State Vs. Rajendra Narain Dwivedi) under section 302 I.P.C. for life imprisonment with a fine of Rs.5000/-, on non payment of fine to further undergo one year additional imprisonment.
It is submitted by learned counsel for the appellant that the appellant is in jail since the date of incident i.e. on 25.3.2000. It is further submitted that he was arrested from his house and he has been falsely implicated in this case.
Per contra learned A.G.A. opposed the prayer for bail. It is further contended that the appellant was arrested on the spot. The deceased is an advocate. The appellant was apprehended in the Court premises.
Having considered the submission of the parties and without expressing any opinion on the merits of the case, we are not inclined to grant bail to the appellant. His prayer for bail is accordingly refused. However, hearing of the appeal is expedited.
Office is directed to prepare the paper book preferably within a period of four months and list the appeal for hearing thereafter.
Order Date :- 17.8.2011 RU