Heard Sri S.N. Singh learned counsel for the appellant and the learned A.G.A.
Connect with criminal appeal nos. 7816 of 2010, 7817 of 2010 and 7818 of 2010.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No.126 of 2004 for offences under sections 304-B, 498-A, 201 I.P.C., P.S. Dhanghata, District Basti, and the maximum sentence awarded to her is 8 years RI. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.
On the bail prayer, it is submitted that so far as the appellant is concerned, she is Jethani and she resides at Bombay. There is no specific allegation against her nor there is any credible evidence to sustain conviction. It is additionally submitted that the appellant was on bail during the trial which liberty she has not misused and the appeal is not likely to be heard in near future.
Learned AGA did not seriously dispute the said fact but support the judgment.
Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the appellant on bail.
Let the appellant Smt. Razia Khatun @ Shazia be enlarged on bail on her furnishing a personal bond of Rs. 2 lacs with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above session trial for above offence. As soon as 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.
The appellant is allowed one month time to deposit entire amount of fine awarded to her.
Order Date :- 9.12.2010 rkg