Idee Khan vs State Of Up
2012 Latest Caselaw 1312 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- CRIMINAL APPEAL No. - 1601 of 2005
 

 
Petitioner :- Idee Khan
 
Respondent :- State Of Up
 
Petitioner Counsel :- Khaleeq Ahmad Khan
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.

Prayer for bail has been made on behalf of appellant-Idee Khan, who has been convicted u/ss 498A, 304B and 201 I.P.C. and u/s 4 of Dowry Act and sentenced maximum sentence of life imprisonment with a fine of Rs. 6000/- by Additional Sessions Judge, Sitapur, court No. 7 in Sessions Trial No. 418/2004, arising out of Case Crime No. 368/03, P.S. Biswa, District - Sitapur.

It is submitted by the learned counsel for the appellant that after death of the deceased, family members were informed and deceased was buried. When after two months  no action was taken and pursuant to the order passed on the application u/s 156(3) Cr.P.C. F.I.R. was registered. The appellant has been languishing in jail for about more than 7 years.

Learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case, without commenting upon the merits of the case, in our opinion, appellant is entitled to be released on bail.

Pending appeal, appellant-Idee Khan, convicted in aforementioned case, shall be released on bail on his executing personal bond and furnishing two sureties of like amount to the satisfaction of the court concerned.

Till further order realization of fine, if any, shall also remain stayed.

Order Date :- 3.5.2012

S. Kumar