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Shiv Kumari And Another v. State Of U.p

Shiv Kumari And Another v. State Of U.p

(High Court Of Judicature At Allahabad)

CRIMINAL APPEAL No. - 942 of 2023 | 30-01-2023

Om Prakash Tripathi, J.

Order on Criminal Misc. (Suspension of Sentence) Bail Application No. 1 of 2023.

1. Heard learned counsel for appellant and learned A.G.A. for State.

2. This instant application has been preferred with the prayer to suspend the sentence of conviction and to release the appellantapplicant on bail, who have been convicted by judgment and order dated 19.12.2022 passed by learned Additional District Judge (FTC-1)/Crime Against Women, Bhadohi in Session Trial No. 246/2017, Case Crime No. 379/2017, under Sections 498- A, I.P.C. and Section 4 D.P. Act, P.S.- Aurai, District- Bhadohi.

3. Learned counsel for appellants submitted that applicantsappellants were on bail during trial and had not misused the liberty. Applicants-appellants are also on interim bail till filing of this appeal. Entire fine has been deposited by applicantsappellants.

4. Learned A.G.A. opposed the bail application.

5. Sentence of the appellants-applicants shall be suspended, during pendency of appeal.

6. Applicants-appellants- Shiv Kumari and Sanju Devi shall be released on bail in aforesaid case after furnishing a personal bond of Rs. 30,000/- and two sureties each in the like amount to the satisfaction of court concerned, during the pendency of this appeal.

7. Copy of bail bonds be sent to this court after acceptance by court concerned.

Order on Criminal Appeal

8. Admit:

9. Summon the lower court record.

10. List in due course.

Advocate List
  • Vikas Srivastava

  • G.A.

Bench
  • Hon'ble Justice&nbsp
  • Om Prakash Tripathi
Eq Citations
  • LQ
  • LQ/AllHC/2023/528
Head Note

IPC, 1860 — Ss. 498-A and 4 of Dowry Prohibition Act, 1961 — Offence under — Appellants-applicants convicted under Ss. 498-A and 4 D.P. Act — Appellants-applicants were on bail during trial and had not misused the liberty — Entire fine has been deposited by appellants-applicants — Hence, sentence of appellants-applicants suspended, during pendency of appeal — Appellants-applicants shall be released on bail in aforesaid case after furnishing a personal bond of Rs. 30,000/- and two sureties each in the like amount to the satisfaction of court concerned, during pendency of this appeal — Copy of bail bonds be sent to Supreme Court after acceptance by court concerned (Paras 5 to 7)