Allahabad High Court
Savita vs State Of U.P. on 6 July, 2023
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 66
Case :- CRIMINAL APPEAL No. - 6219 of 2023
Appellant :- Savita
Respondent :- State of U.P.
Counsel for Appellant :- Kuldeep Singh Chahar,Kapil Kumar
Counsel for Respondent :- G.A.
Hon'ble Ajay Bhanot,J.
Re: Criminal Misc. Correction Application
Heard.
Correction application is allowed.
Necessary correction have been incorporated in the order dated 14.06.2023. Correct order shall read as under:
"The instant criminal appeal arising out of the judgment dated 03.06.2023 rendered by learned trial court in Session Trial No. 438 of 2017 (State vs. Savita & Others) arising out of Case Crime No. 678 of 2015 at Police Station-Shahganj, District-Agra under Section 302/34 I.P.C. convicting the appellant U/S 306 IPC and sentencing her accordingly.
Admit.
Photostat and certified copies of the records of the court below be summoned.
Order in bail application
By means of the bail appeal the appellant-accused has prayed to be enlarged on bail. The appellant-accused is in jail since 03.06.2023.
The following arguments made by Shri Kuldeep Singh, learned counsel on behalf of the appellant-accused, which could not be satisfactorily refuted by Shri Aditya Kumar Singh, learned AGA from the record, entitle the appellant for grant of bail:
(1). The appellant is a lady whose husband has committed suicide.
(2). The appellant did not aid or abet the suicide.
(3). The appellant husband has committed suicide due to depression for which the appellant is not responsible.
(4). The learned trial court neglected to consider the fact that the witnesses were interested and no independent witness of credibility was examined by the prosecution.
(5). The appraisal of evidence by the learned trial court was flawed, inasmuch as, the prosecution had failed to establish the guilt of the appellant beyond reasonable doubt and the exculpatory circumstances were excluded from consideration.
(6). The appeal shall take long time to be heard in view of the long pendency in the Court.
(7). After the imprisonment of the appellant and death of her husband her only minor child is left without the love and care for both of her parents.
(8). The appellant is not a flight risk. The appellant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the appellant- Savita be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below."
Order Date :- 6.7.2023
Dhananjai
