Khem Karan Singh vs State Of U.P.
2013 Latest Caselaw 1730 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4288 of 2007
 

 
Petitioner :- Khem Karan Singh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- P.C. Srivastava,K.K.Srivastava
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri P.C. Srivastava learned Advocate for the appellant and learned AGA for the State.

It is submitted that appellant is the husband and he is in jail since 13.6.2007 during trial he was on bail. It is further urged, on the strength of internal page 9 of the judgment, that the defence case itself is that the deceased under some misconception had consumed organic cloro-insecticide due to which she had died. Learned counsel submitted that the sudden demise of the deceased was taken a chance to implicate the appellant. On 13.5.1991 parental relative of the deceased had arrived and according to the prosecution case itself it was only after talk of settlement  had failed that the FIR was lodged on the third day of the incident.

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 appellant Khem Karan Singh 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. 459 of 1995, under Sections 304-B and 498-A I.P.C. and Section 4 of D.P. Act, P.S. Dibai, District Bulandshahar.

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 appellant is allowed one month time to deposit entire amount of fine awarded to him.

Order Date :- 6.5.2013

Priyanka