Anuj Tyagi vs State Of U.P.
2013 Latest Caselaw 3579 ALL

Citation : 2013 Latest Caselaw 3579 ALL
Judgement Date : 3 July, 2013

Allahabad High Court

Anuj Tyagi vs State Of U.P. on 3 July, 2013

Bench: Vinod Prasad, Anjani Kumar Mishra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL No. - 7034 of 2008
 

 
Appellant :- Anuj Tyagi
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- R.C. Tiwari,Ram Lal Singh,S.M.A. Abdy
 
Counsel for Respondent :- Govt. Advocate,R.L.Singh,V.P.Srivastava
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri V.P. Srivastava, learned Senior Advocate in support of second bail prayer of appellant Anuj Tyagi and learned AGA for the State.

Appellant has undergone eleven years of imprisonment. His appeal has not been heard till date. We expedite the hearing of the appeal and direct the office to prepare paper book and list this appeal in first week of August, 2013 before the appropriate Bench for final hearing.

However, considering the imprisonment already undergone by the appellant and also the submission raised before us that it was under the influence of intoxication that the crime was committed and therefore lenient view should be taken, we consider it appropriate to release the appellant on short term bail for five months.

Let the appellant Anuj Tyagi involved in S.T. No. 75 of 2002, under Section 302 I.P.C. and 3(2) 5 S.C./S.T. Act, P.S. Murad Nagar, District Ghaziabad be released on short term parole starting from 10th of July, 2013, on which date appellant shall be released from jail on his furnishing a personal bond of Rs. 2 lacs with two solvent sureties of his family members/relatives each in the like amount to the satisfaction of learned Trial Judge concerned on the following directions:-

1. that the appeal shall be listed first week of August, 2013 before the appropriate Bench for final hearing.

2. that appellant shall furnish an undertaking before the learned Trial Judge that he will not be leave the District Ghaziabad without permission of the Trial Judge

3. he is directed to report to concern police station once in a month at a time to be fixed by S.O./S.H.O. of the said police station.

4. this order is subjected to the final out come of the appeal.

Appellant is directed to surrender on 10.12.2013 in case his appeal is not decided in the intervening period, in which eventuality the appeal shall be listed before us for further orders on 10th of December, 2013.

Order Date :- 3.7.2013

Priyanka