Court No. - 28 Case :- CRIMINAL APPEAL No. - 2689 of 2009 Petitioner :- Vipul & 2 Ors. Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Gupta Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard learned counsel for the appellants and the learned AGA and perused
the lower court record.
The prayer for bail in respect of husband (appellant no. 1) is rejected as not
pressed.
The remaining two appellants have been convicted in S.T.No. 888 of 2008 by
Additional District and Sessions Judge/FTC Court No. 7, Hardoi and
sentenced as under:–
(i) under Section 306 IPC =R.I. for 7 years and a fine of Rs.2000/- each.
(ii) under Section498-A IPC= R.I. for 3 years and a fine of Rs.1000/- each.
It is submitted that severity of punishment is not much and the appellants are
brother-in-law (Devar) and mother-in-law (Saas) and they were on bail during
trial. It is further submitted that this appeal may take a couple of years or
even more in its final disposal whereas speedy justice is fundamental right.
In view of the aforesaid facts and circumstances I find it a fit case for granting
bail. Let appellants nos. 2 and 3 (Kapil and Smt. Shiv Kumari)be enlarged on
bail on their furnishing a personal bond and two sureties each in the like
amount to the satisfaction of Magistrate/Court concerned. Photostat copies of
the bail bonds be remitted to this Court for being kept on the record of the
appeal.
Fine is, however, not stayed. Let the same be deposited within three weeks
from the date of release.
Order Date :- 11.1.2010
Shaakir/