Court No. - 44
Case :- CRIMINAL APPEAL No. - 5711 of 2017 Appellant :- Lal Singh Respondent :- State Of U.P.
Counsel for Appellant :- Avinash Tiwari,Amit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Order on Criminal Misc. Bail Application No.310292 of 2017
This is a bail application moved on behalf of appellants Lal Singh in the instant criminal appeal.
Heard Sri Amit Kumar Srivastava, learned counsel for the appellants, Sri Gaurav Pratap Singh, learned A.G.A. for the State and perused the record.
It has been argued by the learned counsel for the appellant that appellant is the husband of the deceased. The marriage has been solemnized 11 months before the incident but the deceased has committed suicide. No demand of money was made by the appellant and his family members from the deceased for construction of house. It is stated that deceased died on account of asphyxia due to ante-mortem hanging and no other ante- mortem injury was found on her body except ligature marks. There is no dying declaration in the present case nor eye witness account. He further argued that trial court has awarded maximum sentence to the appellant though in the present case as offence under section 304B, the minimum sentence is 7 years and there appears no extraordinary circumstances. The appellant is in jail since 23.05.2011 and in case appellant is enlarged on bail, the appellant shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid factual position and that the appellant is languishing in jail since 23.05.2011.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the appellants-Lal Singh convicted and sentenced in S.T. No. 1019 of 2011 (State of U.P. Versus Lal Singh and others), Case Crime No. 527 of 2011, under Sections 498A/304B I.P.C. and section 3/4 D.P. Act, Police Station Bhojipura, District Bareilly be released on bail on his furnishing a personal bond with two heavy sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them till the disposal of the appeal.
On acceptance of bail bond and personal bond, the lower court shall transmit Photostat copies thereof to this Court for being kept on the record.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book and list the appeal in the month of February, 2020 before appropriate Bench for final hearing.
(Raj Beer Singh,J.) (Ramesh Sinha,J.) Order Date :- 26.7.2019 T.S.