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Maiyya Deen & Others v. State Of U.P. - CRIMINAL APPEAL No. 6524 of 2006  RD-AH 18439 (1 November 2006)
Hon'ble M. K. Mittal, J.
This appeal has been preferred by Maiyya Deen, Anil and Smt. Phoolmati against the judgement and order dated 12.10.2006 passed by Addl. Sessions Judge, Court No. 2, Banda in S. T. No. 101 of 2005 whereby the appellants have been found guilty and convicted under Sections 304-B/34, 498-A/34 IPC. Appellants Maiyya Deen and Smt. Phoolmati have been sentenced to undergo rigorous imprisonment up to seven years and appellant Anil who is husband of the deceased has been sentenced to undergo rigorous imprisonment up to ten years and fine has also been imposed on them.
Heard learned counsel for the appellants, learned A.G.A. and perused the impugned judgement.
Learned counsel for the appellants has contended that appellants Maiyya Deen is about 70 years old and that there is not demand of dowry and to the contrary money was given by the appellants for this marriage.
Considering the facts and circumstances of the case, appellants Maiyya Deen and Smt. Phoolmati be released on bail, during pendency of this appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. They shall also deposit the amount of fine as imposed on them under Section 498-A/34 IPC. The realisation of fine as imposed under Section 304-B/34 IPC shall remain stayed during pendency of this appeal.
As far as the matter of appellant Anil is concerned, it shall be considered after the Trial Court record is received. Record be requisitioned and the case be listed for hearing on 7.12.2006.
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