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High CourtsDivision Bench(2011) 11 AHC CK 0178

Vijay Bahadur Rai and Another vs State of U.P.

Allahabad High Court · Decided on 14 November 2011

HON’BLE JUDGES
Vinod Prasad, J · Surendra Singh, J
CASE NUMBER
Criminal Appeal No. 4702 of 2004

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Judgment

11 paragraphs · 374 words
1.

Heard learned counsel for the appellant and the learned A.G.A.

2.

Written notice served on Sri Anoop Baranwal, Advocate on behalf of Sri Yashwant Singh, learned counsel for the respondent supplied by learned counsel for the appellant is taken on record.

3.

This is a short term / parole application moved on behalf of appellant Vijay Bahadur Rai, who is a convict in S.T. No. 229 of 2002, under Sections 302/34 and 506 I.P.C. connected with S.T. No. 251 of 2003, u/s 25 Arms Act. The said appellant has been convicted for the charge of murder and has been sentenced to imprisonment for life.

4.

Ground for seeking parole is that the marriage of Km. Preeti D/o appellant Vijay Bahadur Rai is due to be solemnized on 21.11.2011. In support of the said marriage, invitation card Annexure no. 1 has been appended along with this parole application, which is supported by an affidavit of Ravi Kant Rai.

5.

Learned AGA does not seem to have any serious objection in granting parole to the said appellant for the aforesaid reason.

6.

Looking to the period of detention, we consider it appropriate to release the appellant on a short term parole.

7.

Let the appellant Vijay Bahadur Rai involved in S.T. No. 229 of 2002, State Vs. Anil Rai and others decided by Additional Sessions Judge, Court No. 6, Azamgarh vide judgment and order dated 7.8.2004, under Sections 302/34 and 506 I.P.C. connected with S.T. No. 251 of 2003, u/s 25 Arms Act, P.S. Bardah, District Azamgarh be released on short term parole starting from 16.11.2011, on which date, appellant shall be released from jail on his furnishing a personal bond of Rs. 2 lacs with two solvent sureties each in the like amount to the satisfaction of C.J.M., Azamgarh.

8.

Both the sureties will be his family members. His parole will lapse on 24.11.2011, on which date appellant is directed to surrender.

9.

This matter will come up on 25.11.2011.

10.

On next date, learned counsel for the appellant is directed to file the surrendercertificate of the appellant Vijay Bahadur Rai on an affidavit.

11.

Copy of the order be given to learned counsel for the appellant on payment of usual charges today itself.