Allahabad High Court
Damodar Singh & Others vs State Of U.P. on 5 January, 2011
Author: Vinod Prasad
Bench: Vinod Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 5072 of 2006 Petitioner :- Damodar Singh & Others Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Kumar,Lav Srivastava,Sunil Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard Sri G.S. Hajela and Sri S.K. Singh learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No.4 of 1999 for offences under sections 304-B, 498-A I.P.C., 4 of Dowry Prohibition Act, P.S. Ubhawn, District Ballia and the maximum sentence awarded to him is 7 years RI. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.
It is submitted that the appellant who is husband of the deceased had already remained in jail for five years. Maximum sentence is 7 years R.I. It is additionally submitted that in the dying declaration, the deceased has made categorical statement that she consumed poison on her own volition which fact has been recorded at internal page no.10 of the impugned judgment. It is also submitted that the trial Judge has wrongly disbelieved statement of the deceased when it was admissible per se.
Learned AGA however endeavoured to support the judgment and refuted the arguments.
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 Ranjeet Singh be enlarged on bail on his 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 him.
Order Date :- 5.1.2011 rkg