Alok K. Singh, J. - (1.) OBJECTION filed on behalf of the State is taken on record. Dr. L.P. Mishra, learned Advocate who have filed this appeal is said tobe busy in campaigning in the election of Members of Parliament. A new vakalatnama filed today by Sri Nagendra Mohan, Advocate is also taken on record. List this appeal for hearing on its turn. Heard learned counsel for the appellant and learned A.G.A. on the prayer for bail. The appellant has been convicted and sentenced in Sessions Trial No.965 of 2004 as under-- 1.Under Section 304-B I.P.C. - Seven years' R.I.
(2.) UNDER Section 498-A I.P.C.- One year's R.I. with a fine of Rs.2000/- each. Under Section 4 of D.P. Act --Six months' S.I. It is submitted that the severity of punishment is not much. It is further submitted that the nature of accusation is also not very serious. It is also submitted that prior to getting bail during trial he remained in jail for about 13 months. But when he was granted bail he never misused it during the entire trial. It is further added that this appeal itself is pending for the last about six months and the appellant is languishing in jail. Thus he has already completed a period of about 19 months out of the total period of seven years with which he has been sentenced. In respect of merit of the case it is submitted that according to the F.I.R. about 5-6 days before the untimely death of the lady she informed her father about a demand of Rs.20,000/- made by her husband. But it is not ascertainable and in what respect the demand was being made. Had it been a demand of dowry it would have been certainly mentioned accordingly. The wife was suffering from ailment. It is said that on account of depression she ended her life by committing suicide (in that regard some papers have also been brought on record and proved as Kha-3 and 4). It is also said that the appellant had a Life Insurance Policy wherein his wife (deceased) was nominee (Paper 189-Ka). It is urged that these points have not been properly thrashed out by the learned court below in the judgment in question. It is also submitted that speedy justice is a fundamental right but the appeal may take a couple of years or even more in its final disposal. The appellant has every hope of success in the appeal. The bail is, however, opposed by learned A.G.A. In view of the aforesaid facts and circumstances and without entering into merits of the case, I find it to be a fit case for granting bail. Let the appellant (Srinath) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned. However, the fine is not stayed. Let the same be deposited within one month from the date of his release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.;