Heard learned counsel for the appellant Bhagrirathi and the learned A.G.A.
The appellant has been convicted in S.T. No.76 of 2007 for offences under section 498-A, 304-B, 201 I.P.C. and 3/4 Dowry Prohibition Act, P.S.Pahadi, District Chitrakoot and the maximum sentence awarded to him is 10 years RI. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.
It is contended by learned counsel for the appellant that the entire period of incarceration undergone by the appellant Bhagrirathi, who is father-in-law is 3 years 7 months. Maximum sentence awarded to him is 10 years RI. There is no specific allegation against him. First information report is delayed by one week.
Learned AGA could not dispute the said contention.
Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the appellant on bail.
Let the appellant Bhagrirathi be enlarged on bail on his furnishing a personal bond of Rs. 2 lacs with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above session trial for above offence. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
The appellant is allowed one month time to deposit entire amount of fine awarded to him.
It is made clear that this order shall not be taken to be a parity so far as the husband Pradeep Kumar is concerned.
Order Date :- 7.1.2011 rkg