Subhash vs State Of U.P.
2012 Latest Caselaw 4681 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 735 of 2003
 

 
Petitioner :- Subhash
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- D.N. Pandey,D.W. Pandey
 
Respondent Counsel :- A.G.A.
 

 
Hon'ble Dharnidhar Jha,J.

Hon'ble Pankaj Naqvi,J.

We have heard Susri Divya Ojha, learned Amicus Cuarie on the prayer for bail of appellant-Subhash whose prayer was kept pending till the receipt of LCR, by an order passed on 20.2.2003. The appellant has been making inquiry from the court and wrote a letter from the jail as appears from the correspondence part of the record maintained by the office of the Court.  An application dated 10.9.2006 written by appellant was sent to this Court  with a forwarding letter by Superintendent of Police, Central Jail, Varanasi.

The appellant has been convicted under Section 302 IPC and the allegation is that the appellant had killed his wife. Evidence also appears consistently available to the trial Court during trial, but the submission is that the appellant is in custody since 24.6.2001.

However, our attention has been drawn by the learned AGA to the injuries found by the Doctor-PW.5 on the person of the deceased, which is described at pages 5 and 6 of the Judgment and it appears that she was given blows on her private part of body in such a way so as to no one could know it and that indicates the criminal mind in commission of the offence.

In that view of the matter, we are not inclined to grant bail to appellant-Subhas. However, we direct the office to prepare the paper book of the appeal so that the appeal is listed for hearing. In case the appeal is not listed and heard within a further period of one year from today, the appellant shall be  free to renew his prayer for bail.

Order Date :- 1.10.2012

Hasnain