Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 6528 of 2009 Petitioner :- Anil Kumar Respondent :- State Of U.P. Petitioner Counsel :- Ajay Vikram Yadav,Jainendra Singh,Prashant Kumar Dwivedi,V.S.Senger Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellant, learned A.G.A. and perused the lower
court record.
It is contended by learned counsel for the appellant that the appellant Anil
Kumar is husband of the deceased. According to the report of the public
analyst, the Morphine was found in the body of the deceased. The appellant
has been convicted under Section 306 IPC. There is no cogent evidence to
establish that the deceased was abated by the appellant to commit the suicide.
The appellant was on bail during the trial, he has not misused the liberty of
bail.
Let the appellant Afzal convicted in S.T. No. 226 of 2001, arising out of case
crime no. 340 of 1989, under Sections 498A, 306 IPC, P.S. Tundla, District-
Firozabad be released on bail on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the Court concerned.
The realization of half of the amount of the fine awarded by the trial Court
shall remain stayed, till the pendency of the appeal. The remaining half of the
amount of the fine shall be deposited by the appellant within a month from the
date of his release from the jail. In default of the payment, the appellant shall
be taken into custody.
Order Date :- 11.8.2010
Ashish Tripathi