Allowed

Smt. Shakuntala Goswami v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC6 Nov 2024CRLA/3128/2024

Case brief

AI extract

What is this about?

High Court allowed the Criminal Appeal filed by an appellant convicted under Dowry Prohibition Act and IPC. The Court held that upon victim's presence, lack of objection regarding bail, and existence of an out-of-court settlement with payment, the extraordinary power of the High Court should be exercised to grant bail and stay the fine.

What did the court decide?

Appellant released on bail on personal bond and two sureties; sentence fine stayed; trial court directed to forward bond copies to High Court.

Smt. Shakuntala Goswami vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Court No. - 28

¶2

Case :- CRIMINAL APPEAL No. - 3128 of 2024

¶3

Appellant :- Smt. Shakuntala Goswami Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Arun Sinha,Ram Chandra Singh,Sachida Nand Tiwari,Siddhartha Sinha,Surendra Kumar Pal Counsel for Respondent :- G.A.,Suresh Chandra Shukla

¶4

Hon'ble Brij Raj Singh,J.

¶5

( Order on C.M. Application No. 1 of 2024 )

¶6

This criminal appeal under Section 415(2) of B.N.S.S. has been filed challenging the judgement and order dated 13.09.2024 passed by the Additional Sessions Judge/Special Judge, POCSO Act-I, Lucknow, in Sessions Trial No. 203 of 2017, State Vs. Neeraj Goswami & ors., arising out of Case Crime No. 72 of 2010, P.S. Mahila Thana, District Lucknow, whereby the appellant has been convicted and sentenced under Section 498-A, 323, 406, 506, 313 IPC and under Section 3 and 4 Dowry Prohibition Act. The appeal is already admitted.

¶7

2. Heard.

¶8

Sri Arun Sinha, Advocate, has submitted that maximum five years’ sentence has been awarded to the appellant. He further submitted that the appellant was on bail during trial and she did not misuse the liberty of bail. It is also submitted that during pendency of the present appeal Preeti Goswami, victim in the present case, has filed short counter affidavit stating therein that she has settled the case outside the court and Rs. 20 lacks has been paid to her by uncle of husband of the victim.

¶9

Sri Sinha has relied on a judgment of Hon’ble the Supreme Court in the case of Ram Gopal & anr. v. State of M.P., (2022) 14 SCC 531, and has submitted that even in cases where even appeal against conviction has been dismissed, extraordinary power of High Court and Supreme Court can be exercised and appropriate decision may be taken on the basis of compromise. He also submitted that it is a case of miscarriage and appellant was awarded punishment under Section 313, I.P.C. There was matrimonial dispute and the parties have settled their dispute.

¶10

Victim Preeti Goswami is present before this court and has been identified by her counsel Sri Suresh Chandra Shukla, Advocate, and she has not opposed the case, in case the bail is granted.

¶11

Considering the entire facts an circumstances of the case, the

¶12

bail application is allowed . Let appellant Smt. Shakuntala Goswami be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

¶13

Fine, imposed, shall remain stayed.

¶14

The trial court is directed to send photocopies of personal bond and sureties to this Court for keeping the same on record of this Court.

¶15

( Brij Raj Singh, J. )

¶16

Order Date :- 6.11.2024 A.Nigam

¶17

Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shakuntala Goswami v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

Smt. Shakuntala Goswami v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Anil Kumar Singh vs State of U.P. Thru. Prin. Secy. Home, Lko.

Himanshu Alias Anshu Srivastava vs State of U.P. Thru. Prin. Secy. Home

Ajeej @ Shanu vs State of U.P. Thru. Prin. Secy. Home Lko.

Umesh vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Heeralal vs State of U.P. Thru. Prin. Secy. Home, Lko and Another

Seema Mathur vs State of U.P. Thru. Prin. Secy. Child. Development and Nutrition Lko. and 2 Others