Allahabad High Court
Shiv Shankar Singh & Others vs State Of U.P. on 11 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. - 3370 of 2010 Petitioner :- Shiv Shankar Singh & Others Respondent :- State Of U.P. Petitioner Counsel :- Sudist Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard Sri Sudist learned counsel for the appellants and the learned A.G.A.
The appellants have been convicted in S.T. No.216 of 2006 for offences under sections 304-B, 498-A, 201 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Gadhwar, District Ballia and the maximum sentence awarded to them is 10 years RI. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.
Since the appellant no.4 Tarkeshwar Singh and appellant no.5 Smt. Lakshmeena Devi are Chachiya Sasur and Chachiya Sas respectively, I consider it appropriate to grant bail looking to the period of their detention after conviction, which is round about six months.
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 appellants Tarkeshwar Singh and Smt. Lakshmeena Devi be enlarged on bail on their 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 appellants are allowed one month time to deposit Rs.5,000/- each towards fine and rest of the amount of fine shall remain stayed.
So far as the appellant no.1 Shiv Shanker Singh who is husband and the appellant no.3 Narvadeshwar Singh who is father-in-law are concerned, their bail prayer stands rejected.
Appellant no.2 Ram Darash Singh who is said to be Chachiya Sasur, is reported to be dead.
Learned counsel for the appellants is directed to file death certificate in his respect on an affidavit within a period of one month from today.
Order Date :- 11.1.2011 rkg