HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4415 of 2011 Petitioner :- Sukh Pal Singh And Anr. Respondent :- State Of U.P. Petitioner Counsel :- J.N. Singh,Arimardan Singh Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellants and learned AGA and perused the impugned judgement rendered by the learned Additional Sessions Judge, Court No. 19, Kanpur Nagar in Session Trial No. 325 of 2008.
Admit. Summon lower court record.
Learned counsel for the appellants submitted that the appellant no. 1 is the father in law and the appellant no. 2 is the brother in law (Jeth) of the deceased. Both of them used to permanently live in Kannauj. The deceased and her husband used to live permanently in Kanpur where the occurrence in question took place. The appellants had no role to play so far as the dowry death of the deceased is concerned. It was next submitted that sentence imposed on the husband is of ten years rigorous imprisonment and the sentence imposed on each of the appellants is of seven years, which prima facie supports the contention that the husband had the main complicity. It was next submitted that the appellants were on bail during the trial and never abused the same. It was further contended that in case the appellants are not released on bail, the appeal would, in due course, become infructuous as there is no hope of an early hearing of the appeal due to heavy dockets.
In my opinion, prima facie, the aforesaid submissions of the learned counsel for the appellants have substance, therefore, it is just and expedient to exercise the discretion in favour of the appellant.
Keeping in view the nature of offence, evidence, complicity of the accused, the severity of punishment and submissions of the learned counsel for the appellants and the learned AGA, I am of the view that the appellants have made out a case for bail.
Let the appellants Sukhpal Singh and Krishnapal Singh involved in the aforesaid session trial be released on bail during the pendency of the appeal on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the appellants deposit half of the fine within one month.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photo state copies thereof to this Court for being kept on the record of this appeal.
Let the paper books be prepared.
List the appeal for hearing in due course.
Order Date :- 1.8.2011 shailesh