Om Prakash Tiwari vs State Of U.P.
2021 Latest Caselaw 10727 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 33
 
Case :- CRIMINAL APPEAL No. - 973 of 2020
 
Appellant :- Om Prakash Tiwari
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Jail Appeal,Dinesh Kumar Shukla,Km. Kirti Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Singh,J.

Ref :- Criminal Misc Bail Application no.29298 of 2021

Heard learned counsel for the appellant and learned A.G.A. for the State.

This jail appeal has been preferred by the appellant Om Prakash Tiwari challenging the judgment and order dated 21.12.2019 passed by the learned Sessions Judge, Gonda in Session Trial No.8/2017 arising out of case crime no.116/2016, under section 498-A, 306 IPC, police station - Khargupur, District - Gonda convicting and sentencing the appellant for a term of one year under Section - 498-A with fine of Rs.25,000/- and in default of payment of fine two month's additional imprisonment was awarded. Appellant was also convicted under Section 306 for a term of seven years and with a fine of Rs.100000/- and in default of payment of fine six month's additional imprisonment was awarded. Both the sentences were ordered to run concurrently.

The appellant in his appeal has taken a ground that the learned Sessions Judge has committed an error in not appreciating the evidence in its correct perspective. The appellant has also taken a ground that 'panchnama' of the deceased Smt Reshma alias Sheila Devi was conducted by Sub-Inspector Shailesh Singh and other police personnels, however, none of them were produced by the prosecution before the learned trial court. There are material contradictions in the statements of the witnesses.

Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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 - Om Prakash Tiwari convicted and sentenced in the aforesaid case be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Until further orders, the realization of the fine awarded to the appellant shall also remain stayed.

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

Order on memo of appeal :-

List the appeal in due course for final hearing.

Order Date :- 24.8.2021

mks