Court No. - 52
Case :- CRIMINAL APPEAL No. - 5084 of 2017 Appellant :- Harishchandra Respondent :- State Of U.P.
Counsel for Appellant :- Vinod Kumar Ojha 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.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 2.8.2017 passed by District & Session Judge, Kaushambi in S.T. No. 236 of 2016 (State vs. Harishchandra), u/s 306 IPC, P.S. Kokhraj, District Kaushambi.
The submission of learned counsel for the applicant is that the appellant is the husband of the deceased; their marriage was solemnized about 12 years back; during trial, the first informant and all other witnesses have turned hostile and they did not support the prosecution case, they have stated that mental condition of the deceased was not good and some of the witnesses have stated that while she was coming back in train from her matrimonial home she fell down from the running train and sustained injuries. It is next contended that the appellant has been convicted for the offence u/s 306 IPC and maximum sentence awarded is five years with fine of Rs. one lac, out of which Rs. 15,000/- each is to be given to two minor sons and Rs. 20,000/- to the daughter of the deceased.
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 applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Harishchandra convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his 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 of Rs. 75,000/- out of total fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail, out of which, compensation as awarded by the trial court shall be paid to the children in the terms of the trial court order. List in due course for hearing.
Order Date :- 26.11.2018 Dhirendra/