Allahabad High Court
Jahir Singh And Another vs State Of U.P. on 20 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 205 of 2019
Appellant :- Jahir Singh And Another
Respondent :- State Of U.P.
Counsel for Appellant :- Satya Prakash Rathor,Ashish Pandey,Dinesh Kumar Singh,Gaytri Rajput
Counsel for Respondent :- G.A.,Brajesh Nath Rai,Rahul Mishra
Hon'ble Pradeep Kumar Srivastava,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
No one is present on behalf of the complainant even in revised call.
Heard learned counsel for the accused-appellant and learned A.G.A. for the State on bail application of Smt. Sunita. Perused the record.
By the judgement and order dated 20.12.2018 passed by learned Additional Sessions Judge, F.T.C., Mahoba, the accused-appellant has been convicted in Sessions Trial No. 79 of 2014, arising out of Case Crime No. 149 of 2014, P.S. Charkhari, District Mahoba and sentenced for the offence under section 498-A IPC, two years imprisonment and fine of Rs.2,000/-, for the offence under section 3 D.P. Act, three years imprisonment and fine of Rs.3,000/-, and for the offence under section 4 D.P. Act, one year imprisonment and fine of Rs.1,000/- and in case of default in payment of fine, additional two months further imprisonment.
Submission of learned counsel for the accused-appellant is that appellant is on interim bail. The appellant is mother-in-law of the deceased. She was living separately with the deceased at the time of incident. She has been falsely implicated in this case. There is no evidence against her regarding demand of dowry or harassment. Appellant is in jail since 20.12.2018. She undertakes that she 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 appellant after appreciating evidence on record.
Considering the facts and circumstances of the case, accusation against appellant 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 appellant no. 2-Smt. Sunita convicted in Sessions Trial No. 79 of 2014, arising out of Case Crime No. 149 of 2014, under Sections 498-A IPC, and Sections 3 & 4 D.P. Act, P.S. Charkhari, District Mahoba, be released on bail during pendency of appeal on his furnishing a personal bond 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.
Order on Appeal:
It has been submitted by the learned counsel for the accused-appellant that appellant no. 1-Jahir Singh has expired.
Chief Judicial Magistrate, Mahoba is directed to submit a report regarding death of appellant no. 1-Jahir Singh within a period of two weeks. Office to inform the concerned C.J.M. about this order for compliance.
List after two weeks.
Order Date :- 20.5.2019
RCT/-
