Ram Samugh Maruriya vs State of U.P.

Vinod Prasad, J.—Heard Sri Dileep Kumar Srivastava, learned Counsel, on the bail prayer of the Appellant and learned AGA. I have also perused the material on record.

Learned Counsel for the Appellant relied upon the dying declaration referred to at page 9 to the impugned judgment to content that it is not the case of the deceased that she was burn to death for demand of dowry. Learned Counsel for the Appellant submitted that the dispute between the husband and wife was regarding the payment of loan amounting Rs. 6000/-and because of repayment of loan, the incident occurred. It is further submitted that rest of the fact witnesses, who are close relatives of the deceased turned hostile and did not support the prosecution case. It is further submitted that looking to the dying declaration recorded conviction of the Appellant u/s 304B IPC is unsustainable. It is further submitted that the appeal is not likely to be heard in near future and the Appellant was on bail during the trial and has not misused the liberty of bail.

Learned AGA could not dispute the said fact.

Without expressing any opinion on the merits of the appeal, I think it appropriate to release the Appellant on bail during the pendency of this appeal.

Let the Appellant Ram Samugh Mauriya be released on bail on his furnishing a personal bond of Rs. one lakh and two sureties each in the like amount to the satisfaction of trial court concerned in S.T. No. 568/06, State of U.P. v. Ram Samugh Mauriya S.T. No. 568/06 u/s 304B IPC , P.S. Sarnath, district Varanasi.

As soon as bail bonds and surety bonds are furnished, photocopy of the same are directed to be transmitted to this Court forthwith by trial Judge concerned, to be kept on the record of this appeal.

Appellant is allowed one month time to deposit Rs. 5000/-of fine awarded on him. Rest of the amount of fine shall remain stayed during the pendency of this appeal in this Court.