Court No. - 7
Case :- CRIMINAL APPEAL No. - 2126 of 2009
Petitioner :- Ganga Dei
Respondent :- State Of U.P.
Petitioner Counsel :- Ratnesh Agnihotri
Respondent Counsel :- G.A.
Hon'ble Vedpal,J.
Heard learned counsel for the appellant as well as learned A.G.A. on the prayer for bail pending
appeal and also perused the record of the case.
In S.T.No.170 of 2001 (Crime No. 174 of 2000), the appellant Ganga Dei has been convicted and
sentenced under Sections 304-B, 498-A I.P.C. and under Section 4 of Dowry Prohibition Act. The
maximum sentence awarded to her under Section 304-B I.P.C. is seven years rigorous
imprisonment.
It is submitted by the learned counsel for the appellant that the offence under Section 304-B
I.P.C. is not made out as per prosecution version the marriage of deceased was solemnized with
her husband about 13 years before her death and the court holding that the death of deceased
had occurred at the house of accused within a period of seven years from the date of ‘Gauna’
convicted the appellant under Section 304-B I.P.C. That the appellant is mother-in-law of the
deceased and she has every hope of success in the appeal.
Bail has been opposed by learned A.G.A.
I have considered the respective submissions made by the parties and perused the impugned
judgment and order passed by the trial court alongwith the record of the appeal.
Having regard to the quantum of sentence, facts and circumstances of the case, the
nature of the evidence adduced during trial and arguments advanced by the parties and
the probability factor, I am of the view that it is a fit case for bail and suspension of sentence of
imprisonment. Let appellant be released on bail on furnishing a personal bond with two reliable
sureties each in the like amount to the satisfaction of the C.J.M. concerned provided she deposits
the amount of fine imposed upon her by the trial court.
The sentence of imprisonment awarded to the appellant, shall remain suspended during the
period appellant remains on bail.
Order Date :- 8.1.2010
Tripathi