Court No. - 51
Case :- CRIMINAL APPEAL No. - 4085 of 2019 Appellant :- Smt. Munni Devi Respondent :- State Of U.P.
Counsel for Appellant :- Narendra Deo Shukla,Umesh Chandra Prajapati Counsel for Respondent :- G.A.,V.K. Baranwal
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant-appellant and learned A.G.A. for the State on the bail application.
In the present case bail is being sought in appeal against the order of conviction.
I have perused the impugned judgment and order passed by the trial court convicting the appellant.
Contention of the learned counsel for the appellant is that appellant is mother-in-law of the deceased; during trial she is on bail and liberty has not been misused or abused by her. The cause of death could not be ascertained and viscera report was preserved, ultimately which was found to be poison. The contention is that difficulty is that whether she consumed poison by herself or somebody has given to her, there was no injury on the body of the deceased. At present she is in jail since 25.05.2019, with no previous criminal history and she is aged about 65 years of age. There is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The bail application is allowed.
Let the applicant-appellant Smt. Munni Devi convicted and sentenced vide impugned judgment in S. T. No. 497 of 2016, (State vs. Satish Prajapati and another) under Section 304-B, 498A IPC and Section 4 Dowry Prohibition Act, P.S. Phoolpur, District Azamgarh be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The appellant is directed to deposit fifty per cent of the fine within a period of one month from the date of her release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
However, looking to the facts and circumstances of the case the hearing of the appeal is expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 22.8.2019 Ujjawal