Mata Deen vs State of U.P.

Mrs. Saroj Bala, J.—This criminal appeal is directed against the judgment and order dated 21.1.2008 passed by the Additional Sessions Judge/F.T.C. Court No. 2, Bhadohi at Gyanpur in S.T. No. 207 of 1997 whereby convicting the appellants for the offences punishable under sections 316 and 323/34 IRC. and sentencing them to maximum period of four years RI with fine.

The appeal is admitted for hearing.

Heard Sri Ravi Chandra Srivastava, learned Counsel for the appellant Matadeen, Sri J.B. Singh, learned Counsel for the appellants Kalawati Devi, Shobha @ Shobh Nath and Ram Pyarey (appellants of Criminal Appeal No. 386 of 2008) and learned A.G.A. on the bail prayer of the appellants and have perused the Trial Court record.

Learned Counsel submitted that injured fell down on the ground which resulted in miscarriage. There was previous enmity between the parties over installation of Machine in the joint well.

Learned A.G.A. submitted that the appellants subjected the injured to assault which resulted in miscarriage.

The Doctor has expressed possibility of infliction of injuries by having a fall on the ground. Having taken into consideration the submissions of both the parties and without entering into the merits of the appeals, the appellants Matadeen, Kalawati Devi, Shobha alias Shobh Nath and Ram Pyarey be released on bail during pendency of appeal on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Bhadohi.

Half of the fine imposed shall be deposited by each of the appellants within one month from the date of their release from jail. The recovery of remaining half of the fine shall remain stayed during the pendency of appeal.