Shailendra Kumar Vs. State of Delhi
EmailAppeal: Petitions (s) for Special Leave to Appeal (Crl.) No. 3528/1999
(Arising out SLP (Crl. No. 3528/1999)
From the judgement and order dated 21/01/1999 in CRLM 7133/98 in Crl. A. 317/98 of the High Court of Delhi at New Delhi)
(Arising out SLP (Crl. No. 3528/1999)
From the judgement and order dated 21/01/1999 in CRLM 7133/98 in Crl. A. 317/98 of the High Court of Delhi at New Delhi)
Petitioner: Shailendra Kumar
Respondent: State of Delhi
Apeal: Petitions (s) for Special Leave to Appeal (Crl.) No. 3528/1999
(Arising out SLP (Crl. No. 3528/1999)
From the judgement and order dated 21/01/1999 in CRLM 7133/98 in Crl. A. 317/98 of the High Court of Delhi at New Delhi)
(Arising out SLP (Crl. No. 3528/1999)
From the judgement and order dated 21/01/1999 in CRLM 7133/98 in Crl. A. 317/98 of the High Court of Delhi at New Delhi)
Judges: G.B.PATTANAIK & U.C.BANERJEE,JJ.
Date of Judgment: Jan 13, 2000
Appearances:
Mr. Rakesh K. Sharma, Advocate for Petitioner (s)
Mr. Altaf Ahmed, A.S.G. Ms. Alka Agrawal, Advocate for Mr. D.S. Mehra, Advocate for Respondent (s)
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860
Sections 304B and 498A – Bail – Offences under Sections 304B and 498A – Appellant convicted on both counts and awarded rigorous imprisonment – Appeal against conviction pending before High Court – If could be granted bail. Held appellant having served the sentence for more than three years and there being no likelihood of the appeal being heard early, entitled to bail to the satisfaction of the Sessions Judge.
JUDGEMENT:
ORDER
1. Leave granted.
2. This is a petition for being released on bail while the appellant-applicant’s appeal against his conviction under Sections 304-B and 498A IPC is pending in the High Court of Delhi. The appellant-applicant has been sentenced to 7 years’ rigorous imprisonment under Section 304-B and two years’ rigorous imprisonment under Section 498-A IPC.
3. Having heard the learned counsel for the parties and taking into account the fact that the appellant-applicant is in custody for more than three years and there is no likelihood of appeal being heard early, we direct that the appellant-application be released on bail to the satisfaction of the Additional Sessions Judge, New Delhi.
4. The appeal stands allowed accordingly.
1. Leave granted.
2. This is a petition for being released on bail while the appellant-applicant’s appeal against his conviction under Sections 304-B and 498A IPC is pending in the High Court of Delhi. The appellant-applicant has been sentenced to 7 years’ rigorous imprisonment under Section 304-B and two years’ rigorous imprisonment under Section 498-A IPC.
3. Having heard the learned counsel for the parties and taking into account the fact that the appellant-applicant is in custody for more than three years and there is no likelihood of appeal being heard early, we direct that the appellant-application be released on bail to the satisfaction of the Additional Sessions Judge, New Delhi.
4. The appeal stands allowed accordingly.
