Allahabad High Court
Radha Devi And Another vs State Of U.P. on 7 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 1759 of 2019
Appellant :- Radha Devi And Another
Respondent :- State Of U.P.
Counsel for Appellant :- Ali Hasan,Istiyaq Ali
Counsel for Respondent :- G.A.,Rajesh Kumar Singh
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the accused-appellants and learned A.G.A. for the State on bail application. Perused the record.
By the judgement and order dated 14.2.2019 passed by learned Sessions Judge, Jaunpur, the accused-appellants have been convicted in S.T. No. 305 of 2015, arising out of Case Crime No. 490 of 2015, P.S. Rampur, District Jaunpur and sentenced for the offence under section 498-A IPC, for two years rigorous imprisonment and fine of Rs.5,000/- each, for the offence under section 304-B IPCl, for ten years rigorous imprisonment each and for the offence under Section 4 D.P. Act, one year rigorous imprisonment and Rs.1000/- as fine each.
Submission of learned counsel for the accused-appellants is that accused-appellants are mother-in-law and brother-in-law of the deceased and they are in jail since 14.2.2019. Earlier also during investigation they were in jail for some time. Further submission is that from the finding of learned trial court as recorded on page 16, it is clear that at the time of incident, both accused-appellants were not present in house. It has also come in the finding of learned trial court that it was a case of suicide. Further submission of learned counsel for the accused-appellants is that they have been falsely implicated in this case. They were on bail during trial. They undertake that they will not misuse the liberty of bail, if granted.
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-RadhaDevi and Vivek Singh convicted in Sessions Trial No. 305 of 2015, arising out of Case Crime No. 490 of 2015, under Sections 498-A, 304-B IPC and Section 4 D.P. Act, P.S. Rampur, District Jaunpur, 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 :- 7.5.2019
RCT/-
