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Judgment
Crl. M. (Bail) No. 124/2011 in Crl. A. No. 105/2011
Heard counsel for parties.
The Appellant was charged with committing an offence punishable u/s 302 IPC i.e. murder of one Mohini Srivastava on 08.08.2003. Learned
counsel for Appellant argued that the Appellant was implicated by co-accused and Trial Court has returned a conviction on the basis of Statement
as well as recoveries made more than two months after incident. It is also argued that the Appellant used to reside in Gorakhpur where he was
arrested from.
Learned APP for the State opposed the grant of bail and contended that the co-accused Janardan was nabbed at the spot immediately after the
occurrence and even though the present Appellant was arrested more than two months'' later the circumstance as to how he was under possession
of jewellery and cash remained unexplained during trial.
Having considered the submissions and also having gone through the materials and further fact that the Appellant has been in Jail for almost eight
years, this Court is of the opinion that request for bail requires to be accepted. In the circumstances, the Appellant is hereby ordered to be
enlarged on bail subject to furnishing his personal bond with two sureties in the sum of Rs. 20,000/- each to the satisfaction of the Trial Court.
Application allowed.
Crl. A. No. 105/2011
The Registry is directed to tag the present appeal with the appeal filed by Janardan in FIR No. 431/2003, SC No. 124/2010/2003 judgment
dated 13.12.2010 of the Addl. Sessions Judge Shri S.K. Sarvaria.
Order Dasti.