Court No. - 37 CRIMINAL MISC. PAROLE/SHORT TERM BAIL APPLICATION NO.167091 OF 2010 IN Case :- CRIMINAL APPEAL No. - 4711 of 2004 Petitioner :- Krishna Kumar Tiwari @ Munna Respondent :- State Of U.P. Petitioner Counsel :- Jagdish Singh Sengar Respondent Counsel :- Govt. Advocate,Niraj Tripathi Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the appellant/applicant and Sri K.K.
Vajpai, learned AGA for the State.
This is an application on behalf of the applicant-Krishna Kumar
Tiwari @ Munna Tiwari praying for grant of parole/short term bail
in Case Crime No.760 of 2003 (S. T. No. 214 of 2003), under
Section 302 I.P.C., P.S. Kotwali,, Mahoba, District Mahoba.
The applicant has been convicted and his bail application has been
rejected in criminal appeal No.4711 of 2004 on 22nd January,
2010. The application has been filed on the ground that the
applicant’s daughter Preeti (wrongly typed as Reeta in the
application) is to be married on 3rd July, 2010.
Learned counsel for the appellant/applicant submits that the wife
of the appellant/applicant-Krishna Kumar Tiwari @ Munna Tiwari
is a disabled lady and she is unable to make arrangements of
marriage of her daughter Km. Preeti. A marriage card of Km.
Preeti as well as photocopy of disability certificate of wife of
appellant/applicant have been annexed as Anneuxre-2 & 3 to the
affidavit.
Learned counsel for the appellant/applicant submits that if 10 days
parole is granted to the appellant/applicant, it will serve the
purpose.
Considering the submissions of learned counsel of the
appellant/applicant and other material available on record, we are
of the view that sufficient grounds have been made out to grant
parole for 10 days to enable the appellant/applicant to attend the
marriage of his daughter scheduled to take place on 3rd July, 2010.
Accordingly, it is directed that appellant shall be released on
parole till 10.7.2010 on his furnishing a personal bond of Rs.1 lac
and two sureties each in the like amount to the satisfaction of the
C.J.M. Mahoba.
After availing the parole for 10 days, the appellant/applicant shall
surrender before the C.J.M. Mahoba, who will take him into
custody and will send him to jail for serving out the remaining part
of the sentence. C.J.M., Mahoba is directed to send the compliance
report to this Court without any delay.
Let a copy of this order be given to the learned counsel for the
appellant/applicant within 24 hours on payment on usual charged.
Order Date :- 28.6.2010
NS