Court No. - 43 Case :- CRIMINAL APPEAL No. - 6054 of 2009 Petitioner :- Radhey Shyam Chauhan Respondent :- State Of U.P. Petitioner Counsel :- Sharad Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Written objection has been filed by the learned AGA, which is taken on
record.
Heard learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No. 306 of 2004 vide order dated
1.1.2009 passed by learned Sessions Judge, Ghazipur for offences under
sections 304B,498A,201 I.P.C. and the maximum sentence awarded to him is
ten years RI. The rest of the sentences are lesser sentences and all the
sentences have been ordered to run concurrently.
It is contended by learned counsel for the appellant that mother of the
deceased PW-2 Smt. Ramawati Devi testified before the court that she
received the information on the same day of the incident. Thereafter four days
from the death of the deceased that she cooked up the case of dowry death and
implicated the appellant, hence she is an unreliable and untruthful witness. It
is further contended that the appellant is in jail since October, 2009 and the
appeal is not likely to be heard in near future.
Learned AGA however endeavoured to support the judgment and refuted the
arguments.
Looking to the 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- Radhey Shyam Chauhan, be enlarged on bail on his
furnishing a personal bond of Rs. 1 lac with two sureties each in the like
amount to the satisfaction of trial Judge concerned in the above sessions 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 half of the amount of fine
awarded to him. Rest half of the amount of fine shall remain stayed during the
pendency of this appeal in this court.
Order Date :- 28.1.2010
Salim