High Court of Judicature at Allahabad
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Mehtab v. State Of U.P. - CRIMINAL APPEAL No. 4897 of 2006  RD-AH 14809 (30 August 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble Barkat Ali Zaidi, J.
Sri Amit Daga, Advocate has filed his memo of appearance today on behalf of the complainant, the same is taken on record.
We have heard learned counsel for the appellant, Sri Amit Daga, learned counsel for the complainant and learned A.G.A. for the State. We have gone through the impugned judgment.
Office is directed to summon the trial court record within a period of six weeks.
It is contended that the entire case is based on circumstantial evidence and P.W.3 Firoz, who is real brother of the deceased, was interrogated by the I.O. after one month of the incident of kidnapping. It is further urged that the appellant was on bail in the court below and did not misuse the liberty of bail. Moreover, the recovery of dead body was made at the pointing out of the present appellant and Km. Banto, who is said to have expired during pendency of the case in the court below.
On the other hand, learned A.G.A. has submitted that a towel was recovered at the pointing of the appellant which was used for pressing the neck.
After having considered the submissions made on behalf of the parties and the facts and circumstances of the case, we find it appropriate to enlarge the appellant on bail during pendency of appeal.
Let the appellant-Mehtab be enlarged on bail during pendency of appeal on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Muzaffarnagar in S.T. No. 918 of 2000 State Vs. Mehtab and others.
If the appellant deposits a sum of Rs.5000/- as fine within one-month from today in the court below, the recovery of the remaining amount of fine shall remain stayed.
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