CRLA/10/2021
2022 Latest Caselaw 2952 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                         COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 I.A. No. 4 of 2022
                                 In
                                 CRLA No. 10 of 2021
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri Arvind Vashisht, learned Sr. Advocate assisted by Shri Imran Ali, learned counsel for the appellant / applicant.

Shri J. S. Virk, learned Deputy Advocate General with Shri Rakesh Kumar Joshi, learned Brief Holder for the State.

This is a second application under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Code" for brevity) filed by the appellant / applicant for suspension of sentence and grant of bail upon appeal. The appellant has been convicted under Section 304 B, 498-A IPC and 3/4 of the Dowry Prohibition Act, 1961 by 1st Addl. Sessions Judge, Rishikesh, District Dehradun vide judgment and order dated 18.12.2020 / 21.12.2020 passed in Sessions Trial No. 09 of 2016 and sentenced to undergo imprisonment for fourteen years and to pay a fine of Rs. 10,000/- under Section 304-B IPC along with other sentences under different sections.

Learned Sr. Advocate for the appellant would submit that there is good chance of the appeal being allowed, as vital ingredient (torture to the deceased soon before her death) is not forthcoming. In fact, he relies upon the observations made by the learned trial Judge in paragraph 40 and 41 of the judgment wherein there is discussion regarding torture meted out to the deceased and it is stated by learned Sr. Counsel for the appellant that in March, 2013 when deceased had gone to her mother's house, there she revealed before her relations that there was a demand of dowry of Rs. 5,00,000/- and the death took place on 17.06.2013. Therefore, it is submitted by learned Sr. Counsel for the appellant that vital ingredient "soon before death" is not established in this case.

Moreover, it is borne out from the records that appellant was on bail during trial and there is no allegation that he had misused the liberty granted to him. Appellant is permanent resident of Rishikesh and there is no reasonable apprehension of his absconding from the process of justice.

In that view of the matter, second bail application no. 4 of 2022 is allowed, upon appeal. Sentence dated 21.12.2020 passed by 1st Addl Sessions Judge, Rishikesh District Dehradun in Sessions Trial No. 09 of 2016 shall remain suspended during the pendency of this appeal.

Let the appellant / applicant be released on bail on such suitable terms and conditions, as the 1st Addl. Sessions Judge, Rishikesh District Dehradun may deem fit and proper in the facts and circumstances of the case.

List on 12.04.2023.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 14.09.2022 (Grant urgent certified copy of this order, as per Rules.) SKS