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TAHIR AND OTHERS versus STATE OF U.P.

High Court of Judicature at Allahabad

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Tahir And Others v. State Of U.P. - CRIMINAL APPEAL No. 2157 of 2007 [2007] RD-AH 6161 (4 April 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 and the supplementary affidavit filed by the appellants,  be taken on record.

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

             It is contended by the learned counsel for the appellants accused that the deceased Banu appears to have died due to throttling and ammonia phosphate was also detected in her viscera as per medical report. The appellant no. 1 is the husband of the deceased. His case is that she committed suicide. He also submits that the appellant no.2 is the mother-in-law of the deceased and is 65 years' old.

On the other hand, learned AGA submits that it is not case of suicide but a murder. She was administered poisonous substance, thereafter she was strangulated.

We have considered the arguments of the learned counsel for the parties and the facts and circumstances of the case but without expressing any opinion on the merit thereon but we are of the view that since there is no direct evidence against the appellant no.2 to have strangulated and administered poisonous substance to the victim and being an old lady, be released her on bail.  

Considering the facts and circumstances of the case, but without expressing any opinion on the merit thereon, the appeal is admitted.

Issue notice.

The appellant Anwari convicted under Section 302 IPC in Sessions Trial No. 1532 of 2003 P.S.Shahibabad Distt. Ghaziabad shall be released on bail on her furnishing a personal bond of Rs.50,000/-  with two sureties each in the like amount  to the satisfaction of the court concerned.

The realisation of the fine imposed upon the appellant shall remain stayed during the pendency of her appeal before this Court.

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

List on 13th July  2007.

The prayer for bail of the appellant accused Tahir shall be considered after receipt of the record.

Dt/- 04th April, 2007

PKG/5 (2157/07)


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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