Allahabad High Court
Shiv Swaroop @ Pappu And Another vs State Of U.P. on 5 October, 2023
Bench: Surya Prakash Kesarwani, Nand Prabha Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:191814-DB
Court No. - 42
Case :- CRIMINAL APPEAL No. - 7792 of 2022
Appellant :- Shiv Swaroop @ Pappu And Another
Respondent :- State of U.P.
Counsel for Appellant :- Krishna Dutt Awasthi
Counsel for Respondent :- G.A.
with
Case :- CRIMINAL APPEAL No. - 7797 of 2022
Appellant :- Pinki
Respondent :- State of U.P.
Counsel for Appellant :- Krishna Dutt Awasthi
Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard Sri Krishna Dutt Awasthi, learned counsel for the appellants and learned A.G.A. for the State.
2. At the very outset, learned counsel for the appellants/accused states that the bail prayer of the appellants along with the co-accused Vikas @ Sintu was already argued before a Coordinate Bench of this Court but only the order dated 24.05.2023 granting bail to co-accused Vikas @ Sintu has been transcribed and the order granting bail to rest of the appellants in the connected appeal could not be transcribed.
3. It has been submitted by learned counsel for the appellants that instant bail applications have been filed by the applicants/appellants Shiv Swaroop @ Pappu, Sheela Devi and Pinki seeking bail during pendency of the criminal appeals against the Judgment and Order dated 17.09.2022 whereby they have been convicted and sentenced in Sessions Trial No. 317/2018 arising out of Case Crime No. 304/2018 in an alternative charge under Section 302 read with Section 34 IPC and not under Sections 498A, 304B IPC. It has further been submitted that the witnesses of fact produced by the prosecution have not supported the prosecution case. PW-3 Dolly, real sister of the deceased who was present at the residence of in-laws of the deceased and on whose information the FIR was registered, had also not supported the prosecution case and turned hostile. The appellants are languishing in jail since 17.09.2022.
4. Per contra, learned A.G.A. for the State has opposed the prayer for bail but could not deny the aforesaid submission.
5. From the very instance, it is the case of the defence that it was an accidental death. The learned Trial Court has convicted the accused/appellants invoking and relying upon the provisions of Section 106 of the Indian Evidence Act despite there being no evidence.
6. Keeping in view the aforesaid facts and circumstances and that the co-accused Vikas @ Sintu, husband of the deceased has already been granted bail, by this Court, we are therefore inclined to enlarge the appellants/accused on bail during the pendency of the appeal.
7. Let the accused/appellants Shiv Swaroop @ Pappu, Sheela Devi in Criminal Appeal No. 7792 of 2022 and Pinki in Criminal Appeal No. 7797 of 2022 convicted and sentenced in the aforesaid Sessions Trial be released on bail during the pendency of the appeal subject to each of them furnishing personal bond and two sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
(i) The appellants shall give an undertaking to the effect that they shall cooperate in the hearing of the appeal and shall not seek any unnecessary adjournment.
(ii) The appellants shall not leave India without permission of this Court.
(iii) The appellants shall inform the change of address within 10 days, failing which the State shall be at liberty to request for cancellation of their bail.
(iv) There shall be stay on the realisation of fine, if not, deposited already, till the final disposal of the appeal.
(v) On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
8. Office to prepare the paper book, if not prepared already.
9. List this matter in due course for final hearing.
Order Date :- 5.10.2023/Shivani
