Sunita Devi vs State Of U.P.
2019 Latest Caselaw 3583 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 7509 of 2018
 

 
Appellant :- Sunita Devi
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Piyush Tripathi
 
Counsel for Respondent :- G.A.
 
Connected with 
 
Case :- CRIMINAL APPEAL No. - 7549 of 2018
 

 
Appellant :- Moti Lal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Prashant Kumar Singh,Achal Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the accused-appellants and learned A.G.A. for the State on bail applications. Perused the record.

By a common judgement and order dated 16.11.2018 passed by learned Additional Sessions Judge/F.T.C., Sonbhadra in S.T. No. 42 of 2010, arising out of Case Crime No. 340 of 2009, P.S. Karma, District Sonbhadra, accused-appellants have been convicted and sentenced for the offence under sections 306 IPC, for seven years R.I. and fine of Rs.10,000/- and in default of payment of fine, two years additional imprisonment.

Submission of learned counsel for the accused-appellants is that both the prosecutions appear to be confused as the FIR was lodged in respect of commission of offence of murder against the accused-appellants. During investigation it was converted into Section 306 IPC. Further submission is that in the postmortem report, the cause of death has not been ascertained neither any injury has been found nor in viscera report presence of any poison has been pointed out. In such circumstances, where cause of death has not been ascertained, question of suicide becomes more doubtful. Further submission is that accused-appellants have been on bail during trial and they never misused the liberty of bail.

Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court has rightly convicted and sentenced the accused appellants after appreciating evidence on record.

Considering the facts and circumstances of the case and also that there is no chance of early hearing of this appeal, without expressing any opinion on merits of the case, I find it to be a case for bail during pendency of appeal.

Let the appellants-Sunita Devi and Moti Lal convicted in S.T. No. 42 of 2010, arising out of Case Crime No. 340 of 2009, under Section 306 IPC, P.S. Karma, District Sonbhadra, be released on bail during pendency of appeal on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned.

So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.

As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.

List the appeal for hearing in due course.

Order Date :- 26.4.2019

RCT/-