Court No. - 5
Case :- CRIMINAL APPEAL No. - 123 of 2018 Appellant :- Atul Tyagi Respondent :- State Of U.P.
Counsel for Appellant :- Birendra Singh Khokher,Ashutosh Yadav,Shyam Lal Counsel for Respondent :- G.A.,Gaurav Kakkar,Ronak Chaturvedi
Hon'ble Vikram Nath,J. Hon'ble Dr. Y.K. Srivastava,J.
Heard Shri B.S. Khokher and Shri Shyam Lal, learned counsels for the appellant, Shri Jai Narain, learned AGA for the State and Shri Gaurav Kakkar and Shri Ronak Chaturvedi, learned counsels appearing for the complainant.
The present appeal has been filed assailing the correctness of the judgement and order dated 13.12.2017 whereby the Additional Sessions Judge/Special Judge (SC/ST Act), Amroha passed in Sessions Trial No. 89 of 2012 (State of U.P. Vs. Atul Tyagi) arising out of Case Crime No. 761 of 2011 under section 498-A, 307/34, 323, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali, District Bijnor and two other connected Session Trials whereby the appellant Atul Tyagi has been convicted under section 307 IPC and sentenced to undergo five years imprisonment along with fine of Rs.10,000/-, under section 498-A IPC sentence of three years imprisonment and fine of Rs.5,000/-, under section 323 IPC sentence of six months imprisonment along with fine of Rs.500/- and under section 506 IPC sentence of one and a half years imprisonment and under section 4 Dowry Prohibition Act sentence of one year imprisonment and fine of Rs.1,000/- along with default clause.
Learned counsel for the appellant submitted that the appellant has been falsely implicated on account of matrimonial dispute. It is further submitted that against the maximum sentence of five years, the appellant had already undergone incarceration of more than one year since the date of judgement, i.e., 13.12.2017 and earlier one year during trial. This fact is not disputed by the counsel for the complainant and the learned AGA. It is further submitted that the appellant has no criminal antecedent and has not misused the liberty of bail granted during trial. This submission is not disputed.
In view of the fact that against the maximum sentence of five years, substantial period of two years has already been undergone by the appellant, and further for the reason that the hearing of the appeal would not be possible in the near future, we are of the view that appellant may be enlarged on bail.
Let the accused Atul Tyagi convicted and sentenced vide judgement and order dated 02.05.2016 passed by the Additional Sessions Judge/ Special Judge (SC/ST Act), Amroha passed in Sessions Trial No. 89 of 2012 (State of U.P. Vs. Atul Tyagi) arising out of Case Crime No. 761 of 2011 under section 498-A, 307/34, 323, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali, District Bijnor and two other connected Session Trials, during the pendency of appeal be admitted on bail subject to his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Order Date :- 20.12.2018 Arnima (Dr. Y.K. Srivastava, J.) (Vikram Nath, J.)