Suresh & Another vs State Of U.P.
2013 Latest Caselaw 1625 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1016 of 2012
 

 
Petitioner :- Suresh & Another
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Bhaskar Bhadra
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Bhaskar Bhadra learned Advocate for the appellant and learned AGA for the State.

It is urged that it is a case of circumstantial evidence the only incriminating circumstance is of last-seen coming-forth from two witnesses PW-2 and PW-4 after many days of the incident. It is further submitted that no recovery was made from the appellants and there is no eye witness. It is further submitted that the appellants was on bail during trial which liberty they had not misused and chances of appeal being heard in near future is extremely remote.

Learned AGA did not dispute the said fact.

Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, we consider it appropriate to release the appellants on bail.

Let the appellants, namely, Suresh and Naresh be enlarged on bail on their furnishing a personal bond of rupees one lakh and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 681 of 2005, under sections 302/34 and 201 I.P.C., P.S.  Sirauli, District Bareilly.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.

The appellants are allowed one month time to deposit entire amount of fine awarded to them.

Order Date :- 2.5.2013

Priyanka