Smt. Rajmati Devi & Another vs State Of U.P.
2016 Latest Caselaw 5370 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4120 of 2016
 

 
Appellant :- Smt. Rajmati Devi & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Rajeev Chaddha
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Raghvendra Kumar,J.

Heard learned counsel for the appellants and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the appellants that the trial court has failed to  appreciate the evidence in right perspective and erred in recording the finding of conviction, the judgment  is thus perverse.

Admit.

Summon the lower court record within six weeks from today.

List immediately after receipt of record.

Order Date :- 22.8.2016

Su

.

Case :- CRIMINAL APPEAL No. - 4120 of 2016

Appellant :- Smt. Rajmati Devi & Another

Respondent :- State Of U.P.

Counsel for Appellant :- Rajeev Chaddha

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application No. 255344 of 2016

Heard learned counsel for the appellants and learned A.G.A.for the State of U.P.

Learned counsel for the appellants submitted that the disposal of bail application of Smt. Rajmati Devi be deferred and it may be taken up afterwards. He further pressed the bail application on behalf of  appellant no. 2 Chandan, Dever of the deceased.

It has been submitted on behalf of the appellant that FIR is delayed one. The accused is dewar of the deceased, he cannot said to be beneficiary. It has further been submitted that due to illiteracy  the information was not given to the police station. The accused-appellant Chandan was on bail during the course of trial.

Learned A.G.A.has opposed the bail application.

There is no likelihood of this appeal being heard in near future 

Considering the rival submissions  and without expressing any opinion on the merits of the appeal, I find it a fit case for bail.

Let the appellant Chandan  convicted in S.T.No. 316 of 2008 (State vs. Smt.Rajmati Devi and another), Case Crime No. 89 of 2008 , Police Station Pipraich, District Gorakhpur under sections 498-A, 304-B, 201 I.P.C. and 3/4 D.P.Prohibition Act  be admitted to bail subject to his executing a personal bond and furnishing two heavy and reliable sureties  in the like sum to the satisfaction of the Court concerned.

The appellant is directed to deposit 50% of the amount of fine imposed by the trial court within 10 days from the date of his release from jail and the  realisation of  rest 50%  fine shall remain stayed during pendency of the appeal.

The bail plea of appellant no. 1  Smt. Rajmati Devi shall be considered after receipt of the lower court record. List in the week commencing 29.9.2016 with record for hearing the bail applilcation of Smt. Rajmati Devi.

Order Date :- 22.8.2016/Su