JUDGMENT
Dhirendra Mishra, J.
1. Heard on M.Cr.P. No. 1854/2005 application for suspension of sentence and grant of bail.
2. This is the second application for bail. Earlier application was rejected.
3. Learned Counsel for the appellant submits that there is no evidence on record that the deceased was subjected to harassment in the name of demand of dowry even then learned Trial Court solely relying upon the statements of PW 6 brother of the deceased and P.W. 1 mother of the deceased convicted the appellant and sentenced him as above.
4. She submits that the mother of the deceased has nowhere alleged harassment in the name of demand of dowry whereas P.W. 6 on the other hand alleged that the deceased was harassed. The only allegation she has made is that the appellant was suspicious and he suspected her character whereas PW 6, brother of the deceased, has not made any specific allegation regarding demand of dowry.
5. On the other hand learned Counsel for the State opposses the bail application and submits that the deceased died within seven years of her marriage by self-immolation in her matrimonial house and looking to the statement of the mother and brother of the deceased, the Trial Court has rightly convicted the appellant.
6. After hearing learned Counsel for the parties and taking into consideration the evidence and material available on record and further considering that the appellant is in jail since 13.6.2001 and the appeal may take some time for disposal, the application for suspension of sentence is allowed and the Jail sentence imposed on appellant namely Raju Prasad Kewat is suspended and he is directed to be released on bail on his executing a bond in the sum of Rs. 10,000 with one surely of the like amount to the satisfaction of the Trial Court. He shall appear before the Registry of this Court on 4th of October, 2005 and thereafter before the Trial Court on a date given to him by the Registry of this Court and then shall continue appearing there on all the dates so given to him by the said Court till the final disposal of the appeal. Certified copy as per rules.