Court No. - 51
Case :- CRIMINAL APPEAL No. - 4685 of 2011 Appellant :- Smt. Shamshul Respondent :- State Of U.P.
Counsel for Appellant :- Ajay Kumar Singh,Hafeez Khan,S.P.S. Chauhan,Sharda Prasad Mishra,Smt. Meenakshi Chauhan,Vivek Kumar Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Letter dated 16.11.2016 of District Jail, Bulandshahar filed today, is taken on record.
Heard learned counsel for the appellant and learned A.G.A. for the State.
This is first bail application moved on behalf of the appellant Shamshul, she is senior citizen, aged about 62 years, in the instant criminal appeal; she has already suffered incarceration in jail for a period of nine years; contention is that there are three dying declarations in the present case and different persons were named in the dying declaration; some of the persons were named in dying declaration, have already been acquitted.
In view of the fact that there is no chance of appeal being heard in near future; looking to the fact that appellant is a woman, aged about 62 years with no previous criminal history and suffered incarceration for a period of nine years; the fact that there are three dying declarations in the present case and some persons, who are named, have already been acquitted, hence, a case for grant of indulgence is made out.
The prayer for bail is granted. The application is allowed.
Let the applicant-appellant Smt. Shamshul convicted and sentenced in Session Trial No.1155 of 2007 (State Versus Nanhe Khan and others), under Section 498A, 302 IPC and Section 3 & 4 Dowry Prohibition Act, Police Station Salempur, District Bulandshahar 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.
The fine as imposed, is stayed.
Since the lower court record has been received, the hearing of this appeal be expedited under Chapter-VIII Rule 33A of the Rules of the Court.
Order Date :- 29.5.2018 T.S.