Jagpat & Others vs State Of U.P.
2013 Latest Caselaw 1626 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 922 of 2012
 

 
Petitioner :- Jagpat & Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Apul Misra,Aslam Ali
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Apul Mishra, learned Advocate for the appellants and learned AGA for the State.

It is submitted that it is a case of circumstantial evidence and the only incriminating circumstance can be of last-seen.  Cause of death of the deceased could not be ascertained and his viscera report was preserved but the prosecution for the reasons best know to it did not tender the viscera report for the Court to come to a positive conclusion that the deceased died a homicidal death.  It is further submitted that the appellant was on bail during trial which liberty he 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, Jagpat, Vinod, Pramod and Chetan 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. 306 of 2011, under sections 302/34 I.P.C., P.S. Chandpur, District Bijnor.

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