SMT. KISHORI DEVI AND ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Kishori Devi And Another v. State Of U.P. - CRIMINAL APPEAL No. 5128 of 2004 [2004] RD-AH 1034 (5 October 2004)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.C.Deepak, J.

Heard learned counsel for the accused-appellants, learned Addl. Government Advocate for the State and perused the judgment.

Learned counsel for the accused-appellants has confined his argument on the solitary ground that the applicants are mother-in-law and father-in-law of the deceased.  They are old persons and are suffering from various deceases of old age. They had also been on bail during the trial of the case and in no way they had misused the liberty granted to them. The pendency of the criminal appeal indicates that there is no possibility of early hearing of the appeal. Therefore, they may be released on bail during the pendency of their appeal.

On the other hand, learned Additional Government Advocate submits that the deceased Kiran Devi was strangulated resulting into her death and thereafter burn injuries were caused to her.

Considering the arguments of the learned counsel for the parties, as stated above, but without expressing any opinion of their arguments on merit, the appeal is admitted.

Issue notice.  

Appellants Smt. Kishori Devi and Nageshwar Chaubey convicted  under Sections  304B, 498A, 201 IPC and ¾ D.P. Act in S. T. No.   61 of 2004 shall be released on bail on their  furnishing  a  personal  bond with two sureties each in the like amount to the satisfaction of Court concerned.

The realization of fine shall also remain stayed during the pendency of their appeal before this Hon'ble Court.

The order for grant of bail of these appellants shall not operate parity to the husband of the deceased.

Dated: 5.10.2004

MH/5128

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