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Judgment
Shiv Narayan Dhingra, J.
Crl. M.B. No. 991/2006
This application u/s 389, Cr.P.C. read with Section 482, Cr.P.C, has been preferred by the appellant for suspension of sentence and for grant of bail during pendency of the instant appeal. The appellant was convicted by the learned trial Court to undergo rigorous imprisonment for a term of 10 years u/s 304B, IPC and also to undergo rigorous imprisonment for a terms of 3 years and fine of Rs. 5000/- u/s 498A of IPC.
The appellant was married to the deceased on 10th December, 1993. The deceased died out of burning on 8th August, 1999. The testimony of parents of the deceased, given during trial and to the SDM, would show that the deceased was being harassed by her mother-in-law and devar on account of dowry. However, the deceased had also made a statement to the Investigating Officer, in the hospital, after doctor had opined her fit to make statement, that she caught fire accidentally and her husband had tried to save her. This dying declaration was disbelieved by the trial Court.
Considering the fact that the appellant has already been in jail for more than two years, including the remission period, and the fact the hearing of appeal may take some time, the sentence of appellant is suspended during pendency of appeal. He be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of trial Court concerned. The application stands disposed of in above terms.
dusty, if desired.