Kashmir Kaur and Another vs State of Punjab

K.S. Kumaran, J.—The appellants have been found guilty and convicted under Sections. 304,498A, Indian Penal Code, and they has been sentenced to undergo rigorous imprisonment for seven years each, part from the sentence of fine.

The learned Counsel for the appellants contends that the appeal which has been admitted against the conviction and sentence is not likely to be taken up within a reasonable time, and coupled with the contradictions that have been found, it is a fit case for releasing the accused on bail. But, whether the contradictions, as pointed out by the learned Counsel for the appellants, do go to vitiate the findings rendered by the Sessions Judge are yet to be considered, and when the learned Sessions Judge had considered the case and given a finding and sentenced the appellant, it is not now proper at this stage to give a finding on the basis of a prima facie examination. So far as the other aspect that the appeal is not likely to be taken up at present, I think that it is not the only a ground on which the bail could be granted, since it depends upon and remains to be seen as to how much time it takes. Therefore, if it really takes time there will be time yet for the appellants, at least for the second appellant, to move for bail.

But, considering the fact that the first appellant is a lady, she can be let off on bail. So, the bail with regard to the first appellant is allowed and she is directed to be released on furnishing adequate security to the satisfaction of Chief Judicial Magistrate, Amritsar. The fine, if not paid by her, on shall be recovered before releasing her on bail.

So far as the second appellant is concerned the bail qua him is dismissed.