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Allahabad High Court · body

2017 DIGILAW 1485 (ALL)

Hori Lal v. State of U. P.

2017-06-02

NARAYAN SHUKLA, SHASHI KANT

body2017
JUDGMENT By means of this application, the accused appellant Hori Lal who has been convicted by Additional Session Judge, Court No. 6, Unnao in S.T. No. 325/2003, Crime No. 149/2003, under Section 302 IPC, Police Station Ajgain, District Unnao is seeking short term bail. Heard learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the record. Learned counsel for the accused appellant has submitted that the marriage of daughter of the appellant namely Km. Savita is going to be held on 7th June, 2017 with Nirdesh Rawat resident of village and post Puraina, District Lucknow and the marriage ceremony is to be performed in Kati Bagiya Banthara, District Lucknow and as per the schedule the ceremonies relating to the marriage will start from 5th June, 2017 onwards and will last till 8th June, 2017. The presence of the appellant, being father of the bride, is essential for the marriage of his daughter, in support of his application, an affidavit has also been filed alongwith photostat copy of the marriage card as Annexure -5. So, the accused appellant should be enlarged on short term bail. Per contra, learned A.G.A. has opposed the prayer for short term bail of the accused appellant. Having considered the rival submissions of the learned counsel for both the parties, we are inclined to send the accused appellant in police custody to the place of the performance of the marriage of his daughter i.e., Kati Bagiya Banthara, District Lucknow. Hence, Superintendent of the jail concerned is hereby directed to ensure the presence of the accused appellant Hori Lal from 5th June to 11th June, 2017 in the adequate police custody at the place of performance of the marriage of his daughter mentioned above. The conveyance charges shall be born by the Pairokar of the accused appellant. The accused appellant shall be lodged back into jail on 12th June, 2017 through the Court concerned. A copy of this order be sent to the Court concerned for compliance of the order immediately alongwith the photostat copy of the marriage card. This short term bail application is, accordingly, disposed of. A copy of this order be supplied to learned counsel for the appellant immediately as per rules.