Court No. - 40
Case :- CRIMINAL APPEAL No. - 1243 of 2013 Appellant :- Gulfam And Anr.
Respondent :- State Of U.P.
Counsel for Appellant :- Rajiv Lochan Shukla,S.S. Shukla,Umesh Chandra Pandey Counsel for Respondent :- Govt. Advocate
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Bachchoo Lal,J.
Ref:- Criminal Misc. IInd Bail Application No. 159019 of 2014.
Heard learned counsel for the applicants-appellants.
This IInd Bail Application has been filed urging that the appellants had been bailed out by the High Court during trial and they have not misused their bail and as such keeping in view the period of incarceration, their release should be considered at this stage. Learned counsel also submitted that the manner in which the appellants have been implicated and the mode of recovery which has been made the basis of conviction, is not likely to be sustained on a closer scrutiny of the evidence.
We have considered the submissions raised and we find that the deceased was a fourteen year old boy who was strangulated to death and then his body was concealed at a particular place from where it was recovered. The recovery is stated to have been made only on the pointing out of the accused appellants.
In the above background the gravity of the offence does not impel us to consider the period of incarceration for allowing the IInd Bail Application which is hereby rejected.
The lower court records have already been received. The office is directed to get the paper book prepared within three weeks and thereafter list the case for hearing in case learned counsel for the appellants moves an application to that effect.
Order Date :- 14.9.2018 S.Chaurasia