The High Court set aside the rejection of bail pending the disposal of a criminal appeal for an appellant alleged in Sections 498-A, 304-B IPC, and Dowry Act offenses. The court granted bail subject to conditions despite the nature of charges.
Appellant released on bail with personal bond and two sureties; realization of the award fine stayed on deposit of 50%.
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Court No. - 82
Case :- CRIMINAL APPEAL No. - 5017 of 2024
Appellant :- Pankaj Respondent :- State of U.P. Counsel for Appellant :- Manish Pandey Counsel for Respondent :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Order on appeal
List and connect with Criminal Appeal No. 1133 of 2024 .
In Re: Criminal Misc. (Suspension of Sentence) Application no. 02 of 2024
Heard learned counsel for appellant, learned A.G.A. for the State and perused the record.
This Criminal appeal under Section 374(2) of the Criminal Procedure Code has been preferred with prayer to suspend the sentence and to release the appellant on bail in Session Trial No. 406 of 2016 arising out of case crime no. 929 of 2015, under Sections 498-A, 304-B IPC and Section 4 Dowry Prohibition Act, P.S. Bahjoi, District Sambhal during pendency of present appeal.
It is submitted by learned counsel for the appellant that in this case, appellant is innocent and has been falsely implicated. The appellant who was named in the F.I.R. being husband of the deceased. There was no any antemortem injury on the person of deceased but she committed suicide by setting herself ablaze. There was no any demand of dowry or caused harassment on the part of the appellant and his parents. The appellant and his parents are illiterate and poor persons. They never made any demand of dowry or harassment but the deceased being short tempered lady, committed suicide. It is also submitted that out of 10 years simple imprisonment, he remained in jail for a period of 8 years and 5 months as per custody certificate. Judgment and order passed by the learned trial court is based on conjectures and surmises and absolutely there is no evidence against the appellant. The appellant was on bail during trial and the appeal is likely to take some time for final disposal, therefore, request that the appellant be released on bail.
Learned A.G.A. opposed the bail.
Considering the facts and circumstances of the case in particular the nature of evidence adduced by the parties, period appellant remained in jail, judgment passed by the learned trial court and none possibility of hearing of appeal in near future and without further commenting on merit of the case, I am inclined to release the appellant on bail.
Let appellant Pankaj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned during pendency of this appeal.
The realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.
On acceptance of bail and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
The appellant would be entitled to get the benefit of this order only after depositing 50 % amount of fine.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2024 Anurag Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the appellant, serving a life sentence and other prison terms for allegations of dowry-related suicide, should be released on bail pending the criminal appeal.
Whether the fine awarded by the trial court shall remain stayed during the pendency of the appeal.
1 provisions across 1 enactments
Pankaj
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
