Allahabad High Court
Sunil Kumar Gangwar vs State Of U.P. on 26 June, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL APPEAL No. - 5893 of 2023
Appellant :- Sunil Kumar Gangwar
Respondent :- State of U.P.
Counsel for Appellant :- Vijaya Shankar Shukla
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Order on Appeal
Admit.
Lower Court record be summoned.
Paper book be prepared.
List on 01.08.2023.
Order on Bail Application
Heard learned counsel for the applicant and learned A.G.A. for the State on the criminal misc. bail application.
The instant bail application is filed under Section 374 (2) of Cr.P.C. against the judgment and order of conviction dated 03.05.2023 passed by Session Judge, Pilibhit in Session Trial No. 173 of 2018 (State Versus Sunil Kumar Gangwar and others) under Sections 498A, 304B I.P.C. and Section 4 of D.P. Act.Appellant has been convicted under Section 304B for 7 years rigorous imprisonment, under Section 498A I.P.C. for three years rigorous imprisonment and Rs. 5000/- fine in default of payment of fine he had to undergo three months additional imprisonment, appellant has further been convicted under section 4 of D.P.Act for one year imprisonment and fine of Rs. 3000/- and in default of payment of fine, the appellant had to undergo one month additional imprisonment.
It is argued by the learned counsel for the applicant that present applicant, who is the husband of the deceased, has been convicted for 7 years Rigorous imprisonment under Section 304-B I.P.C. along with other sections. As per custody certificate issued by the Jail Superintendent, District Court, Pilibhit on 22.05.2023, the appellant had undergone 4 years 4 months and 29 days of sentence and since then one more month has passed and now his total incarceration has become about 4 years, six months so out of 7 years rigorous imprisonment he has already undergone 4 years and six months imprisonment. It was a case of the suicide, as PW-6 doctor has stated in his statement. It is further submitted that in the postmortem report, the death is shown to be caused by hanging and no injury has been found on the person of the deceased. It is lastely contended that the applicant is languishing in jail since 03.05.2023, therefore, applicant is entitled for bail.
Learned A.G.A. however, opposed the prayer for bail and submitted that applicant is the husband of the deceased and the death is found as a result of hanging as per postmortem report.
From the perusal of the record, it appears that out of 7 years rigorous imprisonment, applicant has already undertone 4 years and six months imprisonment. As per postmortem report except ligature mark, no injury has been found. As disposal of appeal would take time, there is no allegation of misusing the bail by the applicant during trial, so considering the submission of the parties, perusal of record, period of sentence and without expressing any opinion on the merits, I find that it is a fit case for grant of bail to the appellant/applicant during the pendency of the appeal. During the pendency of appeal the sentence awarded to this appellant/applicant shall remain suspended.
The bail application is allowed.
Let the appellant/applicant Sunil Kumar Gangwar, convicted in the above mentioned case be released on bail during pendency of this appeal on furnishing personal bond and two sureties in the like amount to the satisfaction of the court below on the condition that the appellant/applicant will co-operate with the hearing of the appeal.
So far as the prayer for staying the fine imposed upon the appellant/applicant is concerned, it is rejected.
As soon as the personal bonds and sureties are furnished, the trial court is directed to transmit the same to this Court forthwith to be kept on the record of this appeal.
Order Date :- 26.6.2023
T.S.
