Heard Sri R.C. Yadav learned counsel in support of bail prayer of appellants Chandra Bhan Maurya and Ram Chandra Maurya and the learned A.G.A.
The appellants have been convicted in S.T. No. 59 of 2003 for offences under sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Utraon, District Allahabad and the maximum sentence awarded to them is 10 years RI. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.
I have perused the impugned judgment and dying declaration as referred to at internal page nos.8 to 11 of the impugned judgment. I find sufficient ground to grant bail to the appellant no.2 Ram Chandra Maurya. He is in jail since 30.1.2010 i.e. one year after his conviction. He was also on bail during the trial which liberty he has not misused and the appeal is not likely to be heard in near future.
Learned AGA however endeavoured to support the judgment and refuted the arguments.
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 Ram Chandra Maurya 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 no.2 Ram Chandra Maurya is allowed one month time to deposit Rs.5,000/- towards fine and rest of the amount of fine shall remain stayed.
So far as appellant no.1 Chandra Bhan Maurya is concerned, his bail prayer is declined and is rejected at this stage.
At the request of learned counsel for the appellants, the hearing of the appeal is expedited.
Office is directed to prepare paper book and list this appeal for final hearing before the appropriate Bench.
Order Date :- 1.2.2011 rkg