Court No. - 1
Case :- CRIMINAL APPEAL No. - 4981 of 2014 Appellant :- Supriya Kesarwani Respondent :- State Of U.P.
Counsel for Appellant :- Sheshadri Trivedi,Kamal Kesharwani,Manish Tiwary,Satish Trivedi Counsel for Respondent :- Govt.Advocate,Dileep Kumar
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Re: Criminal Misc. Bail Application No.418403 of 2014
Heard Sri Manish Tiwary, learned counsel for the appellant and Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
Sri Dileep Kumar, learned counsel for the complainant is not present though the matter is called in the revised list.
It has been submitted by learned counsel for the appellant that the deceased was the mother-in-law of the applicant and the appellant herself lodged the FIR against unknown persons who had entered into her house and assaulted her mother-in-law after demanding valuables. It has been next submitted that the appellant was also been threatened by those unknown persons but subsequently during the course of investigation, the appellant was made an accused in the present case that she has murdered her mother-in-law on the motive that she used to make some extravagant expenses and also she used to have conversation with a boy of that areas which was restricted by her mother-in-law, so she assaulted her mother-in-law. It has been next submitted that the appellant is having a child of 2 and a half year from the wedlock of her husband, Vikas Kesarwani and herself. The appellant in her statement under Section 313 Cr.P.C. stated that there is also a suspicion against a boy who was having some illicit relation with her sister-in-law which was seriously opposed by the family members. Learned counsel for the appellant stated that so far as the onus on the appellant under Section 106 of the Evidence Act is concerned, the burden cannot be fasten on the appellant only as there were other inmates in the house of the deceased. The appellant is in jail since 27.5.2012.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the appellant Supriya Kesarwani, convicted and sentenced in S.T. No. 860 of 2012 (State Vs. Supriya Kesarwani), arising out of Case Crime No.173 of 2012, under Section 302 IPC, PS- George Town, District Allahabad be released on bail on his furnishing a personal bond with two heavy sureties (one should be of family member) each in the like amount to the satisfaction of the court concerned.
Prayer for stay of realization of fine imposed by the trial court in the impugned judgment and order is refused. However, it is provided that the appellant shall deposit half of the fine within a period of one month from the date of his release.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book within one year.
List thereafter the appeal before the appropriate Bench for final hearing.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 22.2.2018/Deepika