JAGDISH RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants were convicted under section 304-B read with section 120-B and section 498-A, Indian Penal Code, and sentenced, to 7 years' rigorous imprisonment under section 304-B read with section 120-B and one year's rigorous imprisonment and a fine of Rs. 500/- under section 498-A, Indian Penal Code, by the learned Sessions Judge, Ropar, by order dated December 1, 1989. The appellants had been in custody during trial of the case. having been arrested on January 23, 1988. The present appeal was filed on December 11, 1989, and it was admitted on January 16, 1990. The appellants had thus been in custody for a little over two years. Learned counsel for the appellants states at the bar that Criminal Appeals instituted in the beginning of January 1986 are being listed now and therefore, the present appeal will take a few years before it is listed for hearing. He has relied on Prem Singh and another v. State of Punjab, 1982 Chandigarh Law Reporter 275, in which reliance was placed on two earlier Divison Bench decisions in Harbhajan Singh and others, v. State of Punjab, (1977) PLJ (Crl.) (152 and Harnek Singh v. Punjab State. (1977) PLJ (Crl.) 166, and the view taken was that in such circumstances where delay in hearing the appeal was inevitable the applicant could be considered for bail. It may be highlighted that even though the offence under section 304-B, Indian Penal Code, is punishable upto life imprisonment, the trial Court had, on a consideration or the circumstances of the case, awarded 7 years' rigorous imprisonment.

(2.) FOR the reasons mentioned above, the appellants are directed to be released on bail to the satisfaction of the Chief Judicial Magistrate, Ropar. Order accordingly.