Heard Sri N.K. Sharma learned counsel in support of the bail prayer of the appellant Jani @ Jugal Kishore and the learned A.G.A.
The appellant has been convicted in S.T. No.96 of 2000 for offences under sections 304-B, 498-A I.P.C. and 4 Dowry Prohibition Act, P.S. Sardhna, District Meerut 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 sole eye witness of the incident is Km. Kalyani, who is daughter of the deceased, the court examined her as court witness. In her statement, she supported the defence case that it is an accidental burn.
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 Jani @ Jugal Kishore 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.
Order Date :- 13.1.2011 rkg