Court No. - 52
Case :- CRIMINAL APPEAL No. - 4986 of 2018 Appellant :- Sampoornanand And Another Respondent :- State Of U.P.
Counsel for Appellant :- Anoop Trivedi Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Anoop Trivedi, learned counsel for the appellant, learned AGA for the State and perused the record.
The instant criminal appeals have been filed by applicants-appellants against the judgement and order dated 21.8.2018 passed by Additional Session Judge-Ist, court no. 1, Kanpur Nagar in S.T. No. 1177 of 1995 (State vs. Sampoornanand and others) u/s 304B, 498A IPC, arising out of Case Crime No. 229 of 1993, P.S. Chamanganj, District Kanpur Nagar.
The submission of learned counsel for the applicants is that the appellant nos. 1 and 2 are Jeth and Jethani of the deceased respectively; the alleged incident had taken place in the year 1993 in which it is stated that the marriage of the nephew of the appellant no. 1 was solemnized about 4-5 years back. Learned counsel states that it is a case of accidental burn in which the deceased while cooking food caught fire, she was get admitted in the hospital by her husband and Jethani where her dying declaration was recorded by Tehsildar-DW-1 in which the deceased had narrated the manner in which while she was working in the kitchen accidentally caught fire, she was unequivocally stated that her husband and in-laws are not responsible for it. He further submitted that the trial court has illegally ignored the dying declaration by recording that the dying declaration was made by the deceased of her free will but she was not a fit condition to give such statement which according to counsel for the appellant is ipse dixit of the trial court; the appellants are quite aged and sick persons and they were on bail during trial which liberty never misused, now they are in jail since the date of conviction i.e. 21.8.2018. There is no possibility of early disposal of the appeal due to heavy dockets.
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 applicants is made out. The bail applications are allowed.
Let the applicants-appellants Sampoornanand and Smt. Indra Pandey convicted and sentenced in the aforesaid session trial, during the pendency of the appeals be released on bail subject to their 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 awarded by the court below under the impugned judgement shall be deposited by the applicants-appellants before their release on bail. List in due course for hearing.
Order Date :- 30.11.2018 Dhirendra/