Raseedmulla (Raseedulla) & … vs State Of U.P. on 11 August, 2010

Allahabad High Court
Raseedmulla (Raseedulla) & … vs State Of U.P. on 11 August, 2010
Court No. - 44

Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1767 of 2010

Petitioner :- Raseedmulla (Raseedulla) & Others
Respondent :- State Of U.P.
Petitioner Counsel :- Vijiya Prakash
Respondent Counsel :- Govt. Advocate

Hon'ble Imtiyaz Murtaza,J.

Hon’ble Mrs. Jayashree Tiwari,J.

Heard learned counsel for the appellants, learned A.G.A. for the State and
perused the lower court’s record.

This appeal has come up before us for consideration of prayer for bail made
on behalf of the appellants who have been convicted by Addl. District and
Sessions Judge Court no. 6, Ghaziabad in S.T. No. 333 of 1999 under section
307/149, 498-A I.P.C. and 3/4 of D.P. Act and sentenced them life
imprisonment and fine of Rs. 20,000/- three year’s R.I. and fine of Rs. 3000/-
and two year’s R.I. and a fine of Rs. 2000/- with default stipulation.

The prosecution case in brief is that a report has been lodged on 12.5.1996 by
Islamuddin to the effect that he has married his two daughters Naseem and
Rizwana with Shahid and Jahid and has given sufficient dowry in the
marriage. Soon after the marriage his both the daughters were subjected to
cruelty by their inlaws on account of non fulfillment of demand of dowry. On
29.3.2006 Mulla Rashid, Ballo, Shahid, Idrish, Zahid, Muzahid and Sajjo
have set his daughter Rizwana on fire and his another daughter Naseem cried
for help. On her alarm several neighbour reached at the spot and saved
Naseem. Rizwana has received serious burn injuries and she was sent to
Safdarjang Hospital, Delhi. He was threatened by the in-laws of his daughters.
He remained at Delhi during the treatment of Rizwana.

On the basis of this information investigation commenced and after
investigation charge sheet has been submitted against the accused persons.
The Sessions Judge after considering the evidence adduced during trial by the
prosecution convicted the appellants, as aforesaid.

Learned counsel for the appellants submitted that the allegation of demand of
dowry is false. It is further submitted that in the bed head ticket it has been
mentioned that the injured sustained injuries while cooking food due to
bursting of stove. It is further argued that the sentence awarded by the
Sessions Judge is too excessive. The appellants were on bail during trial.

On the other hand, learned A.G.A. supported the judgment of the trial court.

Considering the respective submissions of learned counsel for the parties and
without commenting any opinion on the merits of the case in our opinion, the
appellants are entitled to be released on bail.

Pending appeal, appellants Raseedmulla (Raseedulla), Ballo and Zahid
convicted in S.T. No. 333 of 1999 shall be released on bail on each of them
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

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