Heard the learned counsel for the appellants Sri I.K. Chaturvedi in both the Cr. Appeal No. 691 of 2009 and 1188 of 2009 preferred by Bhagirathi and Smt. Muniya as well as Pradeep Kumar respectively and learned AGA.
Admit.
The appellants have been convicted in S.T. No. 76 of 2007 and S.T.No. 76 of 2007, State of U.P. Vs. Pradeep Kumar for the offences under sections 498-A, 304-B, 201 IPC and 3/4 D.P. Act and the maximum sentence awarded to him is 10 years R.I. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently. On the bail prayer of the appellant and suspension of sentence under section 389 Cr.P.C. it is submitted by the counsel for the appellant that the appellant was on bail during the trial and he has not misused the liberty of bail. He further contended that the appeal is not likely to be heard in near future. He further contends Bhagirathi and Muniya are father-in-law and mother-in-law and Pradeep Kumar is husband. It is further contended that the deceased was died a natural death and her body was cremated in the presence of the parental relatives and subsequently because of dispute regarding money a false FIR was lodged. It is also submitted that the deceased was blessed with an issue as well.
Learned AGA could not dispute the said fact.
After looking to the record, I find no reason to grant bail to Pradeep Kumar and Bhagirathi. Their bail prayers are rejected. So far as Smt. Muniya who is mother-in-law is concerned, she is in jail since 29.1.09, therefore, I consider it appropriate to release her on bail.
Let appellant Smt. Muniya be released on bail on her furnishing a personal bond of Rs. 1 lac with two sureties each in the like amount to the satisfaction of trial judge concerned in the above Sessions Trial for above offence. As soon 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.
Appellant Smt. Muniya is allowed one month time to deposit half of the amount of fine awarded to him. Rest half of the amount of fine shall remain stayed during the pendent elite of this appeal in this court. Order Date :- 12.1.2010 Gss