HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4888 of 2011 Petitioner :- Veeru @ Yusuf And Others Respondent :- State Of U.P. Petitioner Counsel :- Bijai Prakash Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the appellant and the learned A.G.A. for the respondent and perused the judgment and order dated 12.08.2011 passed by the learned Additional Sessions Judge, Court No. 7, Kanpur Nagar in S.T. No. 672 of 2009 (State v Veeru alias Yusuf & others).
The learned counsel for the appellants submitted that he would press the bail prayer of appellant no. 3, Km. Razia, who is an unmarried Nand (sister-in-law) of the deceased and press the bail prayers of appellant nos. 1 and 2 later on.
Admit. Summon lower court record.
Learned counsel for the appellant submitted that appellant no. 3 is the unmarried sister of the husband of the deceased and had no role to play nor had any concern with the alleged dowry. It was next submitted that she has been implicated in the present case only on account of the fact that there had been a quarrel between appellant no. 3 and the deceased. The quarrel cannot be treated to be a cruelty with within the meaning of section 498-A IPC. It was further contended that, being a woman, the appellant no. 3 is entitled to the benefit of the first proviso to section 437(1) Code of Criminal Procedure. It was next submitted that she was on bail during the trial and never abused the same. The maximum sentence imposed on the appellant is of seven years. It was further contended that in case the appellant is 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 appellant have substance, therefore, it is just and expedient to exercise the discretion in favour of the appellant no. 3.
Keeping in view the nature of offence, evidence, complicity of the accused, the severity of punishment and submissions of the learned counsel for the appellant and the learned AGA, I am of the view that the appellant no. 3 has made out a case for bail.
Let the appellant no. 3, Km. Razia who has been convicted and sentenced, in the aforesaid session trial be released on bail during the pendency of the appeal on her 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 appellant deposits 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 in the week commencing 19.09.2011 for disposal of the bail prayers of appellant nos. 1 and 2 (Veeru alias Yusuf and Piru alias Pirbukhs respectively).
Order Date :- 19.8.2011 shailesh