Janga @ Jangi vs State Of U.P.
2013 Latest Caselaw 2583 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3840 of 2011
 

 
Appellant :- Janga @ Jangi
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Dharampal Singh,P.K. Dubey,S. Niranjan
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Dharampal Singh learned Senior Advocate in support of bail prayer of appellant Janga @ Jangi Lal and learned AGA for the State.

Counter affidavit filed by learned AGA is taken on record.

Sri Dharampal Singh Senior Advocate on his own violation has declined to file any rejoinder affidavit and has argue bail prayer of the appellant.

It is submitted by Sri  Singh that prosecution has not been able to establish the charge of dowry demand and causing of dowry death and as deceased was frustrated because of not being able to attain motherhood and, therefore, has committed suicide. It is next submitted that in any view of the matter life imprisonment for a crime under Section 304-B I.P.C. is wholly incommensurate with the guilt. It is urged that appellant was not on bail during trial he is in jail since 17.11.2008. It is further submitted chances of appeal being heard in near future is extremely remote.

Learned AGA did not dispute the aforesaid facts .

Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, we consider it appropriate to release the appellant on bail.

Let the appellant Janga @ Jangi Lal be enlarged on bail on their furnishing a personal bond of rupees one lakh and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 46 of 2009, under sections 498-A, 304-B(2) I.P.C. and Section 3/4 D.P. Act, P.S. Trilokpur, District Siddharth Nagar  .

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.

The appellant is allowed one month time to deposit entire amount of fine awarded to him.

Order Date :- 22.5.2013

Priyanka