Court No. - 52
Case :- CRIMINAL APPEAL No. - 7612 of 2018 Appellant :- Chandrabhan And 2 Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- Vijay Bahadur Shivhare Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record. Admit. Summon the lower court's record.
The instant criminal appeals have been filed by applicants-appellants against the judgement and order dated 6.12.2018 passed by Additional Session Judge/FTC-II, Hamirpur in S.T. no. 108/2012 arising out of Case Crime no. 234 of 2012 (State vs. Chandrabhan and others) u/s 498A, 304B IPC and section 4 D.P. Act, P.S. Rath, District Hamirpur.
The submission of learned counsel for the applicants is that the impugned judgement and order passed by the trial court is wholly illegal and against the evidence on record; the trial court has failed to appreciate the fact that the deceased herself was handicapped and it has been admitted by PW-1 Dinesh Kumar and PW-2 Malkhan Singh thus there was no occasion for any demand of dowry from the first informant who himself belongs to poor strata of the society; the marriage was taken place about five years back; it is argued that the deceased committed suicide on account of extreme poverty; the defence case of suicide is also supported by post mortem report; no other ante mortem injury has been found on her person; it is argued that the prosecution could not lay any evidence that soon before the death she was subjected to any torture or cruelty for any demand of dowry; lastly it is submitted that the appellant no. 1 is the husband of the deceased and he is in jail since 22.4.2012 i.e. about six years and seven months and maximum sentence awarded by the trial court is seven years with fine stipulation; the appellant no. 2 and 3 are father and mother-in-law, they were on bail during trial and now they are in jail since the date of conviction. There is no possibility of early disposal of the appeal due to heavy dockets.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicants is made out. The bail applications are allowed.
Let the applicants-appellants Chandrabhan, Mahadev alias Bhola Rajpoot and Smt. Vidya alias Tunnawali convicted and sentenced in the aforesaid session trial, during the pendency of the appeals be released on bail subject to their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The fine awarded by the court below under the impugned judgement shall remain stayed. List in due course for hearing.
Order Date :- 20.12.2018 Dhirendra/