Dimpal @ Priyanka Singh vs State Of U.P.
2015 Latest Caselaw 1184 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 965 of 2015
 

 
Appellant :- Dimpal @ Priyanka Singh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Janardan Yadav,Hemant Kumar
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Counter affidavit filed by learned A.G.A. is taken on record.

Heard Sri Hemant Kumar, learned counsel for the appellant and Sri Nikhil Chaturvedi learned A.G.A. for the State.

This criminal appeal has been filed against the judgment and order dated 24.2.2015 passed by Special Judge (E.C. Act) / Additional Sessions Judge, Azamgarh in S.T. No. 460 of 2009 arising out of Case Crime No. 450 of 2008, police station Tarwan, District Azamgarh convicting the appellant for offence under Section 498A, 304B I.P.C. & 3/4 D.P. Act, and sentencing her to go rigorous imprisonment for 10 years R.I. with a fine of Rs. 3,000/- and in default of payment of fine further one months imprisonment.

It has been contended by the learned counsel for the appellant that the appellant is married Nanad of the deceased, the marriage between Upendra Singh and deceased was solemnized three years prior to the incident. He further submitted that there are general allegations against the appellant. It has been contended by the learned counsel for the appellant that maximum sentence provided to the appellant is 10 years for offence under Section 304B I.P.C. The appellant was on bail during trial and has not misused the liberty of bail. The trial court has misread the evidence on record and convicted the appellant. The appeal is not likely to be heard in near future, hence unless the bail is granted, the appeal is likely to become infructuous. After conviction the appellant is in jail since 24.2.2015.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that the appellant is entitled to be released on bail.

Let the appellant Dimpal @ Priyanka Singh convicted and sentenced in the aforesaid case be released on bail on her furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.

The realization of fine awarded to the appellant shall remain stayed during the pendency of the appeal.

On acceptance of bail bonds and personal bonds, the lower court shall transmit Photostate copies thereof to this Court for being kept on record.

Order Date :- 13.7.2015

AHN