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Kumari Kusum & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 4978 of 2000 [2005] RD-AH 5419 (9 November 2005)


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Court No. 54

Criminal Misc. Application No. 11714 of 2005.

Smt. Kushama and another Vs. State of U.P. and another.

Hon. Mrs. Poonam Srivastava, J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application has been filed on behalf of mother-in-law and father-in-law, who are said to be sick, infirm and old persons. The Investigating Officer had granted them bail granting benefit of Section 437(ii) proviso in case Crime No. 480 of 2004, under Sections 498-A, 304-B I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station Shikohabad, District Firozabad. The prayer is, the applicants be permitted to furnish fresh bail bonds and they may not be sent to jail. Reliance has been placed on some decision of this Court, Smt. Radha Devi Vs. State of U.P. and others, 2002 (1) J.I.C., 21 and Yaqub and others Vs. State of U.P. and another, 2001 (42), A.C.C., 301 and also an order passed in Criminal Misc. Application No. 6506 of 2005, Sanjay Vs. State of U.P. dated 10.6.2005.

I have gone through all these orders but none of them relates to an offence where punishment is life imprisonment. Section 437(1)(i) Cr.P.C. states:-

"such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life".  

The punishment under Section 304-B I.P.C. is seven years which can extend to imprisonment for life. In the circumstances, the decision cited by counsel for the applicants is of no help. However, the first proviso grants the liberty to such accused who are below 16 years of age, woman or a sick or infirm. The applicant no. 1 is a lady and her medical certificate is annexed as Annexure-3 to the affidavit. So far the medical certificate of the applicant no. 2 is concerned, there is no such serious illness.

Taking the entire facts and circumstances of the case in to consideration, I dispose of this application with the direction to the court below that the Magistrate shall accept fresh bail bonds in respect of the applicant no. 1 Smt. Kushama, wife of Rameshwar Singh and she shall not be sent to jail. The applicant no. 1 shall file personal bonds and two sureties for an amount of Rs. 50,000/- each before the court concerned which shall be accepted by the court. The applicant no. 2 shall appear before the court concerned within a period of three weeks and if he moves bail application in case Crime No. 480 of 2004, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Shikohabad, District Firozabad, the same shall be considered and disposed of by the courts below expeditiously, if possible on the same day.




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