Court No. - 44 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 533 of 2003 Petitioner :- Jabbar Respondent :- State Of U.P. Petitioner Counsel :- Ajay Kumar Mishra Respondent Counsel :- A.G.A. Hon'ble Imtiyaz Murtaza,J.
Hon’ble Mrs. Jayashree Tiwari,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and
perused the lower court’s record.
Prayer for bail has been made on behalf of the appellant who has been
convicted by Addl. Sessions Judge/FTC no. 4 Gorakhpur in S.T. No. 443 of
2000 under section 304-B and 498-A I.P.C. and sentenced to life
imprisonment and fine of Rs. 1000/- and two year R.I. and fine of Rs. 500/-
with default stipulation.
Prosecution case in brief is that a report has lodged by the informant Nazeer
Ahmad on 21.7.2000 to the effect that he has married his daughter Rehana
with Jabbar about one year back but on account of demand of dowry she was
subjected to cruelty by her in-laws. On 20.7.2000 at about 12 O’clock Rehana
was set on fire by Mehrunnisha, Sattan and Jabbar. He received the
information of this incident on 21.7.2000 and he went to see her daughter who
was admitted in the medical college. The doctor informed him that she has
received 80% burn injuries and there is no hope of her survival. The case was
registered under section 498-A/326 I.P.C. and 3/4 of D.P. Act against the
accused persons. Subsequently after the death of Rehana case was converted
under section 498-A, 326, 304-B I.P.C. and 3/4 of D.P. Act.
The Sessions Judge relying upon the evidence adduced during trial by the
prosecution convicted the appellant, as aforesaid.
It is submitted by learned counsel for the appellant that the appellant is
languishing in jail for the last ten years and there is no likelihood of the appeal
being heard in near future. It is further submitted that under section 304-B
I.P.C. minimum sentence of only 7 years is provided.
Per contra, learned A.G.A. supported the judgment of the trial court.
Considering the respective submission of learned counsel for the parties and
without commenting upon the merits of the case, in our opinion the appellant
is entitled to be released on bail.
Pending appeal, the appellant Jabbar convicted in S.T. No. 443 of 2000 be
released on bail on his executing a personal bond and on furnishing two
sureties each in the like amount to the satisfaction of the court concerned.
Till further orders realization of fine shall also remain stayed.
Order Date :- 11.8.2010
o.k.