Allahabad High Court
Smt. Usha Devi vs State Of U.P. on 22 June, 2016
Bench: Mukhtar Ahmad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- CRIMINAL APPEAL No. - 3061 of 2016
Appellant :- Smt. Usha Devi
Respondent :- State Of U.P.
Counsel for Appellant :- Swati Agrawal,Phoolbadan Yadav
Counsel for Respondent :- G.A.
Hon'ble Mukhtar Ahmad,J.
This bail application has been preferred against the order dated 05.05.2016 passed by the Additional Sessions Judge, Court No.8 Firozabad in Sessions Trial No.319 of 2009 State vs. Rajveer Singh and others under section 498A, 306 I.P.C. and 3/4 D.P. Act, Police Station Sirsaganj, District Firozabad thereby appellant-accused has been convicted under Section 498A I.P.C. and sentenced to undergo rigorous imprisonment of 2 years alongwith fine of Rs.2,000/-, and in default thereof, to further undergo 3 months imprisonment and also convicted under Section 306 I.P.C.and sentenced to undergo rigorous imprisonment of 5 years alongwith fine of Rs.3,000/-, and in default thereof, to further undergo 6 months imprisonment.
Admit.
Let original record be summoned.
List thereafter.
Order Date :- 22.6.2016
sherly
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Case :- CRIMINAL APPEAL No. - 3061 of 2016
Appellant :- Smt. Usha Devi
Respondent :- State Of U.P.
Counsel for Appellant :- Swati Agrawal,Phoolbadan Yadav
Counsel for Respondent :- G.A.
Hon'ble Mukhtar Ahmad,J.
Criminal Misc. Bail Application No.189874 of 2016
Heard Ms. Swati Agrawal, learned counsel for the appellant and AGA for the State and perused the record.
This bail application has been moved on behalf of the appellant-accused Smt. Usha Devi for enlarging her on bail. The appellant has been awarded rigorous imprisonment of 2 years alongwith fine of Rs.2,000/-, and in default thereof, 3 months more imprisonment under Section 498A I.P.C. and rigorous imprisonment of 5 years alongwith fine of Rs.3,000/-, in default thereof, to further undergo 6 months imprisonment under Section 306 I.P.C.
Learned counsel for the appellant submits that the appellant is the mother-in-law of the deceased. It is further argued that she was on bail during the trial but never misused the liberty of bail.
The Bail Application has been opposed by the learned AGA.
Considering the facts and circumstances of the case, without touching the merits, I am of the opinion that it is a fit case for bail.
Let the appellant Smt. Usha Devi convicted in Sessions Trail No.319 of 2009 State vs. Rajveer Singh and others under section 498A, 306 I.P.C. and 3/4 D.P. Act, Police Station Sirsaganj, District Firozabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned. It is further provided that if appellant-accused deposits half amount of the fine imposed upon him within a month from the date of her release, the recovery of remaining amount shall remain stayed.
Accordingly, this bail application is disposed of.
Order Date :- 22.6.2016
sherly
