Court No. - 51
Case :- CRIMINAL APPEAL No. - 6987 of 2017 Appellant :- Mahesh Chandra & Another Respondent :- State Of U.P.
Counsel for Appellant :- Bharat Bhushan Paul Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Order on Criminal Misc. Bail Application
Heard learned counsel for the appellants and learned AGA for the State perused the record.
This is a bail application filed on behalf of the appellants, namely, Mahesh Chandra and Dilip Chandra in the instant criminal appeal.
Contention of the learned counsel for the appellants is that the appellants are father-in-law and husband of the deceased respectively; that as per medical examination report, the cause of death of the deceased is strangulation as hyoid bone was found to be fractured; that appellant no. 1 who is father-in-law of the deceased, is, at present, aged about 70 years suffering from various age related ailments and he has been assigned no specific role; that there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Learned A.G.A. has strongly opposed the prayer for bail.
So far as appellant no. 1, namely, Mahesh Chandra is concerned, the following order is being passed:
Looking to the facts and circumstances of the case and without expressing any opinion on the merits of the case, let the appellant no. 1 Mahesh Chandra convicted and sentenced in S.T. No. 263/2014 arising out of case crime no. 254/2014 u/s 302, 498A IPC, PS Bharthana, District Etawah be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Fifty percent of the fine shall be deposited by the appellant within a period of one month from the date of his release and balance fifty percent of fine shall remain stayed during the pendency of this appeal. In case of default in depositing fifty percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
Since the lower court record has been received, the hearing of this appeal be expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper books be prepared within three months and thereafter the appeal be listed for hearing before the appropriate Bench.
With the aforesaid observations, the instant bail application in so far as appellant no. 1 is concerned, is allowed.
So far as appellant no. 2, namely, Dilip Chandra is concerned, the following order is being passed:
Without expressing any opinion on the merits of the case and also looking to the seriousness of the allegations, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out. Accordingly, the prayer for bail on behalf of appellant no. 2 Dilip Chandra is hereby rejected.
Since the lower court record has been received, the hearing of the appeal be expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 24.9.2018 Anand