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Dr. Pradeep Mehta vs State of U.P.

Allahabad High Court · Decided on 12 September 2011 · Citation: (2011) 09 AHC CK 0420

HON’BLE JUDGES
Sudhir Kumar Saxena, J · Abdul Mateen, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 302
CASE NUMBER
Criminal Miscellaneous Application No. 44325 of 2010 and Criminal Appeal No. 1254 of 2010
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Judgment

9 paragraphs · 339 words
1.

Heard Sri Nagendra Mohan, learned Counsel for Appellant, Sri I.B. Singh, learned Senior Advocate appearing for the complainant and learned Additional Government Advocate.

2.

The Appellant has been convicted by learned Additional Sessions Judge/Fast Track Court No. 4, Lakhimpur Kheri vide judgment and order dated 7.4.2010 passed in Sessions Trial No. 702 of 2008 convicting the Appellant u/s 302 IPC and sentencing him for the maximum term of life imprisonment with fine.

3.

It is admitted to the learned Counsel for the parties that the case rests on circumstantial evidence.

4.

Learned Counsel for the Appellant has taken us through the prosecution evidence and has submitted that the motive suggested to the prosecution for the commission is very weak. He further stated that the chain of circumstances led by the prosecution is not complete and the evidence on record does not unerringly establish that the circumstances proved lead to one and the only conclusion towards the guilt of the accused. He, thus, argued that in the facts and circumstances of the case, the Appellant is entitled to be enlarged on bail during pendency of the appeal.

5.

Learned Counsel for the Respondents could not argue anything to rebut the submissions of the learned Counsel for the Appellant.

6.

Having gone through the prosecution evidence and having given our anxious consideration to the entire facts and circumstances of the case, we are of the view that the Appellant may be enlarged on bail.

7.

Let Appellant Dr. Pradeep Mehta convict of above mentioned Sessions Trial be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur Kheri.

8.

Realization of half of the fine is stayed. Remaining half fine shall be deposited by the Appellant within one month from the date of his release on bail.

9.

Learned Magistrate shall transmit to this Court photo copies of the bail and surety bonds furnished by the Appellant to be preserved in the appeal.