- (1.) Heard learned counsel for the parties on the bail applications in the aforesaid appeals and perused the record. The appellants have preferred these bail applications under Section 389(1), Cr.P.C. in Criminal Appeal No. 293 of 2014 under Section 374(2), Cr.P.C. Dr. (Smt.) Nupur Talwar versus State of U.P. and another and in Criminal Appeal No. 294 of 2014, Dr. Rajesh Talwar versus State of U.P. and another on behalf of appellants (both in Jail since 25.11.2013) residents of A-1/71, Azad Apartments, Aurobindo Marg, New Delhi.
(2.) The aforesaid two bail applications are entwined by same set of facts and emanate from the common order and judgment of conviction dated 25.11.2013 and order sentencing punishment dated 26.11.2013 passed by Addl. Sessions Judge/Special Judge Anti-Corruption, (C.B.I.), Ghaziabad in these two connected appeals, for committing murder of their minor daughter Aarushi aged about 14 years and domestic help Hemraj aged about 45 years, hence, they have been heard together and are being decided by this common order.
(3.) By the impugner judgment and orders, the accused persons were sentenced to rigorous imprisonment for life under Section 302 read with Section 34, I.P.C. with fine of Rs. 10,000 each and in default of payment to further undergo six months simple imprisonment; to undergo five years rigorous imprisonment under Section 201 read with Section 34, I.P.C. with fine of Rs. 5,000 each in default of which to further undergo simple imprisonment of three months. Apart from these sentences of punishment, Dr. Rajesh Talwar in addition, is also convicted under Section 203, I.P.C. and sentenced to one year simple imprisonment with a fine of Rs. 2,000 and in default thereof to undergo simple imprisonment of one month.;