Court No. - 46 Case :- CRIMINAL APPEAL No. - 3737 of 2010 Petitioner :- Smt. Hirawati And Another Respondent :- State Of U.P. Petitioner Counsel :- G.R.S. Pal Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble S.C. Agarwal,J.
Written objections filed by learned A.G.A. is taken on record.
Heard learned counsel for the appellants, learned A.G.A. for the
State and perused the trial court judgment and record.
It is argued by learned counsel for the appellants that the incident
has taken place in village Harisinghpur in the premises of co-
accused Karan Singh whereas the eyewitnesses Raghuveer,
Pragnath and Devpal belong to village Harpalpur, which was 1½
kilometers from village Harisinghpur and they were the chance
witnesses on the spot. The prosecution case that the appellants
after beating the deceased-Kallu Singh pressed his neck with
danda is belied by the postmortem report, which shows that there
was a ligature mark on the neck, which is the cause of death. The
dead body of the deceased was found in the premises of co-
accused Karan Singh, who died during trial. It is submitted that
the case of appellant Banwari, who was the sala of Karan Singh, is
different from the case of Karan Singh. So far as appellant Smt.
Hirawati is concerned, according to the eyewitnesses, she was
pulling the testicles of the deceased at the time of incident, but
there is no mark of injury on the testicles of the deceased. These
facts about pressing the neck of the deceased and catching hold of
testicles of the deceased have also not mentioned in the F.I.R. It is
further contended that the appellants were on bail during trial. The
incident is of year 1988.
Per contra, learned A.G.A. opposed the prayer for bail and
submitted that the eyewitnesses had arrived at the place of
occurrence and seen the incident, which took place at 6:00 a.m.
and the report was lodged at 10:45 a.m.
Having considered the submissions made by the learned counsel
for the parties and without expressing any opinion on the merits of
the case, we are of the view that the appellants may be granted
bail.
Let the appellants Smt. Hirawati and Banwari, convicted and
sentenced by judgment and order dated 10.5.2010 passed by
Additional Sessions Judge, F.T.C. No.2, Budaun in Sessions Trial
No.275 of 2004 arising out of case crime no.362 of 1988, under
sections 364, 302 I.P.C., PS Ujhiyani, District Budaun, be released
on bail on their furnishing a personal bond with two sureties each
in the like amount to the satisfaction of the court concerned on
depositing the fine imposed upon them by the trial court.
Order Date :- 16.7.2010
ss