Court No. - 29 Case :- CRIMINAL APPEAL No. - 2008 of 2010 Petitioner :- Ramesh Kumar Gautam & Ors. Respondent :- State Of U.P. Petitioner Counsel :- V.K. Chaturvedi Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Admit.
Summon the lower court record immediately and list in the third week of
August, 2010.
Heard learned counsel for the appellants and learned A.G.A. on the
prayer for bail and for suspending the execution of the sentence under
appeal and also perused the record.
The appellants have been convicted and sentenced as under :
(1) under section 304B I.P.C. – ten year R.I.
(2) under section 498A I.P.C.- 3 year R.I. with a fine of Rs.1000/- each
(3) under section 4 D.P.Act – one year R.I. with a fine of Rs.500/-
each
It is submitted that Ramesh Kumar Gautam, appellant no.1 is husband ;
Smt.Bishun Dei , appellant no.2 is mother-in-law and Ashok Kumar
Gautam, appellant no.3 is brother-in-law of the deceased. Learned
counsel submits that no specific role has been assigned to any of the
appellant and there is only general allegations. This appeal may take a
couple of years or even more in its final disposal whereas the speedy
justice is a fundamental right.
In view of the above, the execution of the sentence including sentence
of fine under appeal shall remain suspended so far it relates to
Smt.Bishun Dei, appellant no.2 and Ashok Kumar Gautam, appellant
no.3 till the final disposal of the appeal.
Let Smt.Bishun Dei, appellant no.2 and Ashok Kumar Gautam,
appellant no.3 be released on bail on their furnishing personal bonds
and two sureties each in the like amount to the satisfaction of the
Magistrate/Court concerned.
The prayer for bail of appellant no.1 shall be considered after receipt of
the lower court record.
Order Date :- 2.8.2010
kvg/-