State Of U.P. vs Raju Kushwaha And Others
2011 Latest Caselaw 489 ALL

Citation : 2011 Latest Caselaw 489 ALL
Judgement Date : 24 March, 2011

Allahabad High Court

State Of U.P. vs Raju Kushwaha And Others on 24 March, 2011

Bench: Amar Saran, Arvind Kumar Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- GOVERNMENT APPEAL No. - 6794 of 2009
 

 
Petitioner :- State Of U.P.
 
Respondent :- Raju Kushwaha And Others
 
Petitioner Counsel :- Govt. Advocate
 
Respondent Counsel :- K.N.Shukla
 

 
Hon'ble Amar Saran,J.

Hon'ble Arvind Kumar Tripathi,J.

Heard learned Additional Government Advocate and perused the record and judgment of the trial court.

This application has been filed by the State with the prayer that leave to appeal may be granted against the judgment and order dated14.10.2003 passed by the Additional Sessions Judge/Special Judge (E.C. Act), Etawah whereby the respondent has been acquitted for the offence punishable under Sections304-B, 302, 201 IPC and Section 3/4 of Dowry Prohibition Act.

From the perusal of judgment, it appears that the findings of acquittal require reconsideration. Therefore, leave to appeal is granted.

This application for leave to appeal is allowed.

According the Government Appeal is admitted.

Record has been received.

Issue bailable warrant against the accused-respondents, namely, Raju Kushwaha, Sudhari Lal and Smt. Rajrani alias Rajni alias Prabha Devi ensuring their presence before this Court on 02.05.2011. If they appear or are produced before the Chief Judicial Magistrate concerned, they shall be released on bail on their furnishing a personal bond of Rs.20,000/- with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned.

A condition shall be provided in the bail bond that will appear before this court on the date fixed 02.05.2011 and on further dates whenever required and also engage a counsel to represent them. After the accused-respondents file the bail bonds, as stated above, the photocopies of the same shall be transmitted to this Court by the Chief Judicial Magistrate concerned without two weeks from the date of its execution.

Office is directed to communicate this order to the Chief Judicial Magistrate concerned for immediate compliance within three days.

List this case on 02.05.2011 for appearance of the above accused-respondent before this Court and for appropriate orders.

Order Date :- 24.3.2011