Supreme Court - Daily Orders
Shakuntla Devi vs The State Of Uttar Pradesh on 6 September, 2018
Bench: Kurian Joseph, Sanjay Kishan Kaul
1
ITEM NO.7 COURT NO.4 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6424/2018
(Arising out of impugned final judgment and order dated 22-03-2018
in CRLA No. 627/2003 passed by the High Court Of Judicature At
Allahabad, Lucknow Bench)
SHAKUNTLA DEVI Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
Date : 06-09-2018 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
For Petitioner(s) Mr. R. Basant, Sr. Adv.
Mr. Nilakanta Nayak, Adv.
Mr. Amit Yadav, Adv.
Mr. Kaushal Narayan Mishra, Adv.
Mr. Shishir Deshpande, AOR
For Respondent(s) Mr. Manoj K. Mishra, Adv.
Mr. Rajeev Kumar Dubey, Adv.
Mr. Kamlendra Mishra, Adv.
Mr. Rohit Pandey, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The learned counsel appearing for the State seeks some time to file counter affidavit. The same may be filed within four weeks.
The appellant is the mother-in-law of the deceased. She was tried for the offences under Sections 304B and 498A of IPC. The High Court found that the charges under Sections 304B and 498A are Signature Not Verified Digitally signed by JAYANT KUMAR ARORA Date: 2018.09.06 17:00:32 IST not established.
Reason:
However, the Court has converted the charges into Section 306 IPC and convicted the appellant. 2 The incident is of the year 1998. There is no charge against the husband and against the father-in-law of the deceased. Having heard the learned senior counsel appearing for the appellant as well as the learned counsel appearing for the State, we are of the view that the appellant should be granted bail during the pendency of this appeal.
Accordingly, the appellant is directed to be released on bail during the pendency of this appeal, subject to such conditions as may be imposed on the appellant by the trial court.
(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR