Smt. Sheela vs State Of U.P.
2013 Latest Caselaw 2460 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 975 of 2012
 

 
Appellant :- Smt. Sheela
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Apul Misra,Dushyant Singh,P.N. Misra
 
Counsel for Respondent :- Govt. Advocate,D S Pandey
 

 
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 urged by Sri P.N. Mishra, learned Senior Counsel that Smt. Sheela is a septuagenarian. There is no specific allegation against her and there is no dying declaration.  It is further submitted that the appellant was on bail during trial which liberty she 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 appellant on bail.

Let the appellant Smt. Sheela Devi be enlarged on bail on her 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. Nos. 910 of 2005 and 931 of 2006, under section 302 I.P.C., P.S. Khurja Nagar, District Bulandshahr.

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 her.

Order Date :- 21.5.2013

Priyanka