Parvez Kamal vs State Of U P

Court No. - 52

Case :- CRIMINAL APPEAL No. - 1539 of 2017 Appellant :- Parvez Kamal Respondent :- State Of U.P.

Counsel for Appellant :- Vikas Sharma,Garun Pal Singh Counsel for Respondent :- G.A.,J.P.Mishra

Hon'ble Rajul Bhargava,J.

Heard Sri Vikas Sharma, counsel for the appellant, Sri J.P. Mishra, counsel for the informant and learned AGA.

The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 6.3.2017 passed by Additional Session Judge, court no. 9, Muzaffar Nagar in S.T. Nos. 568 of 2011 and 1466 of 2015 (State vs. Parvez Kamal and others) relating to Case Crime No. 1947 of 2009, u/s 304, 498-A IPC and 3/4 D.P. Act, P.S. Kotwali Nagar, District Muzaffar Nagar.

The submission of learned counsel for the applicant is that the appellant is the husband of the deceased and the marriage was solemnized about nine years back. It is argued that the trial court has wrongly convicted the appellant u/s 304 IPC, there is no evidence on record that the appellant had administered poison to the deceased and from the medical evidence, no ante mortem injury has been found on the body of the deceased. The appellant is in jail since 9.11.2010 and maximum sentence awarded to the appellant is ten years, the appellant has undergone major part of sentence awarded by the trial court. There is no possibility of early disposal of the appeal due to heavy dockets.

Per contra counsel for the informant vehemently opposed the prayer for bail and stated that the appellant is husband of the deceased against whom there is direct allegation however he could not rebut the submission made by counsel for the appellant.

In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.

Let the applicant-appellant Parvez Kamal convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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

The 1/3rd fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail and rest fine shall remain stayed during the pendency of the apppeal.

Order Date :- 8.11.2017 Dhirendra/