Birnami & Another vs State Of U.P.
2016 Latest Caselaw 3505 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Civil Misc. Short Term Bail (Parole) Application No. 185497 of 2016
 
In
 
Case :- CRIMINAL APPEAL No. - 5803 of 2007
 
Appellant :- Birnami & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- R.C. Kandpal,Krishna Gopal,Krishna Kant Shukla,Lalit Kumar Mishra,P.R. Maurya,S.M. Khan
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Kaushal Jayendra Thaker,J.

1. Heard learned counsel for the applicants and learned A.G.A. for the State and gone through material brought on record.

2. This is a short term bail/parole application moved on behalf of applicant-appellant no. 2, Tej Pal Singh who has been convicted and sentenced in Session Trial No. 496 of 2005, under Section 302 I.P.C., Case Crime No. 227 of 2005, Police Station- Milak, District Rampur.

3. The application seeking short term bail/parole has been filed on the ground that marriage ceremony of applicant's sister namely Km. Tilka Devi is going to be solemenized 16.06.2016. Photostat copy of invitation card is annexed as Annexure 1 to the affidavit accompanying the application. It has further been averred that father of applicant no. 2 is old and remains in depressed condition, unable to perform rights and rituals of marriage. It has also been stated in the affidavit that applicant has not been enlarged on bail since he was convicted by Trial Court, vide judgment and order dated 25.08.2007. Almost about nine years have passed since then. It has been prayed that applicant/appellant no. 2 may be granted short term bail/parole at least for one week.

4. Learned A.G.A. has not seriously opposed prayer of learned counsel for applicant/appellant no. 2 so made.

5. In the facts and circumstances of the case, prayer of learned counsel for applicant/appellant no. 2, Tej Pal Singh for grant of parole deserves to be allowed.

6. Let applicant/appellant no. 2, Tej Pal Singh involved in aforementioned case be released on parole for a period of one week i.e. from 15.06.2016 to 22.06.2016 on his furnishing personal bond and two sureties, each in like amount, to the satisfaction of Court concerned subject to his giving an undertaking that after availing short term bail/parole i.e. from 15.06.2016 to 22.06.2016, he shall surrender before the Court of Chief Judicial Magistrate, Rampur on 23.06.2016 and shall submit surrender certificate before this Court.

7. Let a certified copy of this order be issued to learned counsel for applicant today.

Order Date :- 14.6.2016

Pravin