Smt. Shahana(Mother In Law) And ... vs State Of U.P.
2013 Latest Caselaw 2447 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 2176 of 2012
 

 
Appellant :- Smt. Shahana(Mother In Law) And Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Shadab Ali,B.K. Pandey,Rahul Chaturvedi,Umesh Chandra Tiwari
 
Counsel for Respondent :- Govt.Advocate
 
CONNECTED WITH
 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 2386 of 2012
 

 
Appellant :- Sharif Ahmad
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Shadab Ali
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the appellant and learned AGA for the State.

It is submitted that Smt. Shahana and Sharif Ahmad are mother-in-law and father-in-law of the deceased.  All the facts witnesses turned hostile during the trial including the parents of the deceased. Conviction has been based on the dying declaration of the deceased. It is further submitted that in the dying declaration a general role has been alleged to all the family members except her husband for whom, it is said that he had forcibly caught hold the deceased. It is further submitted that appellants are in jail since October, 2009 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, Shahana and Sharif Ahmad 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. 231 of 2010, under section 498-A and 304-B I.P.C. and 3/4 D.P.Act with the alternative charge under Section 302/34 I.P.C., P.S. Tanda, District Rampur.

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.

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.

This order shall not be treated a parity so far as husband of the deceased is concerned.

Order Date :- 21.5.2013

Priyanka