Kamlesh Kumar and Others vs State of U.P.

Shri Kant Tripathi, J.—Mr. O.P. Singh, learned senior counsel submitted that he would press the bail of the Appellants No. 2 to 5 only. The bail prayer of the Appellant No. 1 will be pressed later on.

Heard Mr. O.P. Singh learned senior counsel for the Appellants and the learned A.G.A. and perused the impugned judgment and order dated 12.8.2011 and 24.8.2011, rendered by the Additional Sessions Judge, Court No. 16, Kanpur Nagar, in session trial No. 179 of 2008, State v. Kamlesh Kumar and Ors..

Admit.

Summon the lower court record.

Mr. O.P. Singh learned senior counsel for the Appellants submitted that the cause of the death of the deceased was asphyxia due to hanging. It was next submitted that the deceased committed suicide on account of the fact that she had No. issue even after 7 years of her marriage and her uterus had been operated upon on account of development of tumor. It was next submitted that the complicity was only of the husband of the deceased, who had been sentenced to under go ten years rigorous imprisonment. It was next submitted that the Appellants No. 2 to 5, who had been convicted and sentenced to under go seven years rigorous imprisonment, had No. role to play. The Appellant No. 2 is the mother in law, the Appellants No. 3 and 4 are unmarried sisters in law and the Appellant No. 5 is married sister in law of the deceased, therefore, they are also entitled to the benefit of first proviso to Section 437(1) of the Code of Criminal Procedure. These four ladies were on bail during the trial and never abused the same. In case they are not released on bail, the appeal would, in due course, become infructuous as there is No. hope of an early hearing of the appeal due to heavy dockets.

In my opinion, prima facie, the aforesaid submissions of the learned Counsel for the Appellants have substance, therefore, it is just and expedient to exercise the discretion in favour of the Appellants.

Keeping in view the entire facts and circumstances of the case and submissions of the learned Counsel for the Appellants and the learned AGA, the Appellants No. 2 to 4, Smt. Kamla, Km. Pavita @ Babita, Km. Kavita and Smt. Anita, who have been convicted and sentenced in the aforesaid session trial, are released on bail, during the pendency of the appeal, on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The realisation of half of the fine so far as it relates to the Appellants No. 2 to 5 only, shall remain stayed during pendency of the appeal, provided they deposit half of the fine within one month.

On acceptance of bail bonds and personal bonds, the lower court shall transmit photo state copies thereof to this Court for being kept on the record of this appeal.

List the appeal in the week commencing 31.10.2011 for consideration of bail prayer of the Appellant No. 1 Kamlesh Kumar. In the meantime learned AGA may file written objection.