Court No. - 55
Case :- CRIMINAL APPEAL No. - 2025 of 2014 Appellant :- Janu @ Jan Mohammad Respondent :- State Of U.P.
Counsel for Appellant :- Kapil Tyagi,Abhilasha Singh,Ashutosh Yadav,Chandra Prakash Singh,Dinesh Kumar Bhaskar,Rajeev Kumar Rai,Shyam Lal Counsel for Respondent :- Govt. Advocate Hon'ble Vikram Nath,J. Hon'ble Rajeev Misra,J.
Heard Ms. Abhilasha Singh, learned counsel for the appellant and Sri Pradeep Kumar, learned brief holder for the State.
On the prayer for grant of bail to the appellant, learned counsel for the appellant submitted that the present case is a case of circumstantial evidence and the prosecution failed to establish the complete links of chain to indicate that the appellant alone was the author of the crime. It is also submitted that the appellant in his statement under section 313 Cr.P.C. has stated that he was working till late night at the site and returned in the morning at about 4:00 am, then he saw his wife lying dead on the floor. He immediately informed the family members of his wife. In the morning, the mother and brother of the deceased had come and participated in the funeral but on the next day, the brother of the deceased lodged a false report against him. The appellant only took the plea under section 313 Cr.P.C. but did not lead any evidence to establish the plea and the defence taken by him. It has come on evidence that the deceased suffered eight ante mortem injuries and the cause of death was asphyxia as a result of ante mortem injuries.
We are not convinced that this is a fit case for grant of bail. Accordingly, the prayer for grant of bail is refused.
However, considering the fact that the appellant is in jail since 11th March, 2010, i.e. having suffered incarceration of more than eight years, we direct that the hearing of the appeal be expedited.
Office is directed to prepare the paper books within two months and list this appeal for hearing in the first week of May, 2019.
It is further provided that in case the paper books are not prepared and the appeal is not heard for any reason not attributable to appellant or his counsel, it would be open to appellant to apply for bail afresh.
Order Date :- 28.2.2019/Arshad