Smt. Mukesh vs State Of U.P.
2013 Latest Caselaw 1725 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3983 of 2007
 

 
Petitioner :- Smt. Mukesh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- S.S. Pandey,Anil Raghav,Ram Raj Pandey
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Akhelesh Singh in support of second bail prayer of appellant Veer Singh and Smt. Mukesh in both the connected appeal Nos. 4222 of 2007 and 3983 of 2007.

After hearing of the counsel for the appellant and learned AGA what we find is that the entire evidence tendered during the trial is heresy.  Informant was informed about the incident by a third person. That third person over heard the conversation between the appellants in the darkness of the night and in that conversation also no statement was made by the appellants that they had murdered the two deceased who were none else than their mother and their own son. Learned counsel submitted that for demand and lust for property  why a person will murder his son is not understandable. It is next urged that the appellants are in jail 26.8.2006 and as on date they have served near about seven years of imprisonment. Both the appellants are husband and wife. It is stated that in fact the mother and the son were murdered by  unknown miscreants and taking advantage of that situation, both the appellants have been falsely implicated.

Learned AGA did not dispute the aforesaid facts.

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 appellant on bail.

Let the appellants, namely, Veer Singh and Smt. Mukehsh 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. 1000 of 2006, under section 302 I.P.C., P.S. Titavi, District Muzaffar Nagar.

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 :- 6.5.2013/Priyanka