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Judgment
This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure, for suspension of the sentence and grant of ad-interim bail, to the appellant during the pendency of the appeal.
The appellant has been convicted for the offence under Sections 498-A, 304-B read with 34 of the Indian Penal Code, and sentenced to undergo R.I. for 7 years and to pay a fine of Rs. 3,000/-, vide judgment dated 16.03.2020 passed by the learned Additional Sessions Judge-II, Koderma, in S.T. Case No. 62 of 2009.
Having heard learned counsel for the appellant and learned A.P.P. and on perusal of the materials on record it appears that P.Ws.-6, 7, 8, 10 and 12 the co-villagers have stated that the appellant was admitted for treatment in a hospital at Patna, on the day of the occurrence. P.W.-15- the I.O., in para 23, of the cross-examination has stated that the husband of the appellant had informed that the appellant was admitted for treatment in a hospital at Patna.
Considering the materials on record, the appellant is directed to be enlarged on bail, on her furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-II, Koderma, in connection with Sessions Trial No. 62 of 2009, subject to condition that the appellant shall deposit Rs.5,000/- as part of the fine amount in the court below.
In the result I.A. No.3197 of 2020 stands allowed.