Court No. - 43 Case :- CRIMINAL APPEAL No. - 6385 of 2008 Petitioner :- Shambhu Rauniyar & Another Respondent :- State Of U.P. Petitioner Counsel :- G.P. Dikshit Respondent Counsel :- Govt. Advocate,Sudisht Hon'ble Vinod Prasad,J.
Heard Sri G.P. Dikshit, learned counsel for the appellants in Criminal Appeal No. 6385 of 2008
preferred by Shambhu Rauniyar and Smt. Vimla Devi and Criminal Appeal Defective No.
[475] of 2008 preferred by Vijay Kumar Rauniyar, learned A.G.A. and Sri Sudist, learned
counsel for the informant.
Since the certified copy of the impugned judgment was not filed in Criminal Appeal Defective
No. [475] of 2008, the said appeal was reported as defective. Certified copy of the impugned
judgment was already filed along with connected Criminal Appeal No. 6385 of 2008.
In such a view, I condoned the filing of certified copy in Defective Criminal Appeal No. [475]
of 2008. The appeal is treated to be a regular appeal. Office is directed to allot a regular number
on the said appeal preferred by Vijay Kumar Rauniyar.
The appellants have been convicted in S.T. No. 232/06 (State Vs. Vijay Kumar Rauniyar and
others) arising out of crime no. 92/06) passed by Additional Sessions Judge, Court No. 3,
Ballia for offences under sections 498A, 304-B, 201I.P.C. and 4 D.P. Act and the maximum
sentence awarded to them is 10 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 appellants that so far as mother-in-law Smt. Vimla
Devi is concerned, it is no where said that she had made any demand of dowry. He further
contended that the deceased committed suicide because of her licenscious character. He further
submitted that the appeal is not likely to be heard in near future and the father-in-law and
mother-in-law were on bail during trial.
Learned AGA as well as learned counsel for the informant opposed the bail prayer and
submitted that in less than 5 months, the deceased was murdered by the appellants and there are
allegations of demand of dowry.
After hearing both the sides, I consider it appropriate to release only appellant No. 2 Smt.
Vimla Devi on bail.
Let the appellant No. 2 Smt. Vimla Devi be enlarged on bail on her 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 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, Ballia 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.
So far as bail prayer of husband Vijay Kumar Rauniyar and father-in-law Shambhu Rauniyar
are concerned, the same stands rejected.
Order Date :- 7.1.2010AKG/-