Heard the learned counsel for the appellant and learned AGA. The appellant has been convicted in S.T. No. 593 of 2007 for the offences under sections 498-A, 304-B, 149 IPC and 3/4 D.P. Act and the maximum sentence awarded to him is 10 years R.I. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently. On the bail prayer of the appellant and suspension of sentence under section 389 Cr.P.C. it is submitted by the counsel for the appellant that the appellant was on bail during the trial and he has not misused the liberty of bail. He further contended that the appeal is not likely to be heard in near future. He further contends that the deceased has committed suicide which is supported by the medical evidence. The police was informed about the incident by the relatives of the appellant who is husband of the deceased which reached on the spot before the informant reached there. It is further submitted that the door was closed from inside and the same was got forcefully opened. It is further submitted that the allegations of demand of dowry is absolutely false and the appellant is in jail since 24.6.07.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Pankaj Sisodia be released on bail on his furnishing a personal bond of Rs. 1 lac with two sureties each in the like amount to the satisfaction of trial judge concerned in the above Sessions Trial for above offence. As soon 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.
Appellant is allowed one month time to deposit Rs. 5000/- as fine awarded to him with trial court. Rest half of the amount of fine shall remain stayed pendent elite the appeal in this court.
Order Date :- 21.1.2010 Gss