JAHAR SINGH & OTHERS versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Jahar Singh & Others v. State Of U.P. - CRIMINAL APPEAL No. 1591 of 2007 [2007] RD-AH 4240 (13 March 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.C.Deepak,J.

Hon'ble K.N.Ojha, J.

Objection filed by the State, be taken on record.

Heard learned counsel for the appellants-accused, learned AGA for the State and perused the objection and impugned judgment.

It is contended by the  learned counsel for the appellants-accused that Anita was the wife of the appellant no.1 Jahar Singh. It is alleged that she was taken away by her husband/appellant no.1 Jahar Singh and he  committed her murder in the way. Her  dead body was recovered. There is no dispute in regard to the identity of the deceased. His further contention is that the appellant no. 1 Jahar Singh did not take her away from her parents' house but she was living at her parents' house. Appellant nos.2 and 3 Nahar Singh and Shyam Lal are the brother and father of the appellant no.1   Jahar Singh.

On the other hand, learned AGA submits that appellant no.1 Jahar Singh wanted to remarry to another woman as a consequence he committed her murder.

However, without expressing any opinion on the merit of the case, the appellant nos.2 and 3 Nahar Singh and Shyam Lal have made out a case for their release on bail.

The appellants Nahar Singh and Shyam Lal  convicted under Section 302, 201 IPC in Sessions Trial No. 155 of 2000 P.S. Bebar Distt. Mainpuri shall be released on bail on their furnishing a personal bond of Rs.50,000/-each with two sureties each in the like amount  to the satisfaction of the court concerned.

The realisation of the fine imposed upon the appellants Nahar Singh and Shyam Lal shall remain stayed during the pendency of their appeal before this Court.

Office is directed to summon the trial court's record within six weeks.

List on 07th May 2007.

The prayer for bail of the appellant Jahar Singh shall be considered after receipt of the record.

Dt/- 13th March, 2007

PKG/4 (1591/07)

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