Court No. - 52
Case :- CRIMINAL APPEAL No. - 7591 of 2018 Appellant :- Siyaram And Another Respondent :- State Of U.P.
Counsel for Appellant :- Krishan Mohan Mishra Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
Admit. Summon the lower court's record.
The instant criminal appeal has been filed by applicants-appellants against the judgement and order dated 1.12.2018 passed by Additional District and Session Judge/Fast Track Court, District Etawah in S.T. no. 10 of 2012 (State vs. Shanti Devi and others) u/s 498A, 304B and 302/34 IPC and section 4 of D.P. Act, P.S. Saifai, District Etawah.
The submission of learned counsel for the applicants is that the appellant no. 1 is father-in-law, appellant no. 2 is the husband; the deceased in his dying declaration has completely exonerated the husband on account of which he has been only sentenced for one year R.I. u/s 4 of D.P. Act; it is stated that he has served out the sentenced imposed by the court below, however, the appellant no. 1- father-in-law has also been convicted u/s 4 of D.P. Act and has been duly acquitted u/s 498A, 304B IPC; it is argued that case of the appellants is distinguishable from that of mother-in-law and sister-in-law; the appellant no. 1 is on interim bail. 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 applicant no. 1 is made out. The bail application is allowed.
Let the applicant-appellant no. 1 Siyaram 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 applicant-appellant before his release on bail. List in due course for hearing along with Criminal Appeal no. 7588 of 2018.
Order Date :- 21.12.2018 Dhirendra/