CRLA/287/2021
2022 Latest Caselaw 3066 UK

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                               Short Term Bail Appl. No. 3 of 2022
                               In
                               CRLA No.287 of 2021

                               Hon'ble S.K. Mishra, J.

Hon'ble Alok Kumar Verma, J.

Mr. R.P. Nautiyal, learned Senior Advocate assisted by Ms. Garima Thapa, learned counsel for the applicant/appellant.

Mr. J.S. Virk, learned Deputy Advocate General for the State.

Heard learned counsel for the parties. This Short Term Bail Application has been filed by the appellant- Snehlata Chauhan under Section 389 of the Code of Criminal Procedure, 1973. She has been convicted for the offence under Sections 302 read with Section 120B and 201 of the Indian Penal Code (hereinafter referred to as the "Penal Code") by the learned IVth Additional Sessions Judge, Dehradun in Sessions Trial No. 144 of 2018 by judgment dated 31.08.2021/ 02.09.2021. Under Section 302 read with Section 120B of the Penal Code, she has been sentenced to undergo life imprisonment and also to pay a fine of Rs. 25,000/- and in default of payment of fine, to further undergo four months additional simple imprisonment and under Section 201 of the Penal Code, she has been sentenced to undergo life imprisonment for a period of five years and also to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo three months additional simple imprisonment. All the sentences are directed to run concurrently.

This short term bail application has been filed by the appellant, who has undergone for life imprisonment for committing murder of her own husband on the ground that she has to make arrangements for the death-cum- retirement benefit of his late husband in favour of her minor sons. She is also required to file her income tax return and seeks income tax refund.

Keeping in view the interest of the minor children of the appellant, the short term bail application is allowed.

In that view of the matter, we are inclined to grant short term bail to the appellant for a period of 30 days.

Let appellant, Snehalata Chauhan be released on short term bail for a period of 30 days to be reckoned from the date of his release, on such terms and conditions as deemed just and proper by the learned IVth Additional Sessions Judge, Dehradun. On completion of 30 days, to be reckoned from the date of release, she shall surrender before the learned trial court. On such an event she will be remanded to the custody. If she does not surrender, proper warrant shall be issued against him.

List this matter on 28.02.2023 for final disposal.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 21.09.2022 Neha/SB