HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. 55
Criminal Appeal No. 1955 of 2008
Mohd. Shafi.............................. appellant
versus
State of U.P. .......................... opposite party
Hon'ble S.S. Kulshrestha, J.
Hon'ble Vijay Kumar Verma,J.
Heard Sri Raghu Bans Sahai, learned counsel for the accused-appellant and learned A.G.A. for the State and also perused the materials on record.
Bail application on behalf of accused-appellant Mohd. Shafi, convicted for the offences under Sections 304-B and 498-A I.P.C. in S.T. No. 664 of 2002 (State of U.P. s. Kallu @ Nafees and others) vide judgement and order dated 28.02.2008 passed by Sri Gopal Singh Chandel, the then Additional Sessions Judge, Court No. 2, Fatehpur has been pressed on the ground that he is the father-in-law of the victim woman and was residing separate from her at the relevant time. General allegations have been attributed against him.
Having regard to the facts and circumstances of the case, the accused appellant-deserves bail.
Let the accused-appellant Mohd. Shafi convicted for the offences indicated above be released on bail during the pendency of the appeal on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the Trial Court concerned subject to deposit of fine imposed for the offences under Section 498-A I.P.C.
Realisation of the total amount of fine imposed under Section 304-B I.P.C. shall remain stayed, as no fine can be imposed for the offence punishable under Section 304-B I.P.C. It is very unfortunate that the learned Trial Court without going through Section 304-B I.P.C. has imposed fine of Rs.5,000/- on the appellant-accused under this Section, where as no fine is prescribed in sub-Section (2) of Section 304-B I.P.C., which reads thus:-
304-B. Dowry death.-
(1) ...........................................
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
Although sentence of imprisonment can be extended upto life imprisonment under Section 304-B (2) I.P.C., but no fine can be imposed as the legislature has not prescribed imposition of fine under this Section.
The Registrar General is directed to send a copy of this order within a week through the District Judge concerned to Sri Gopal Singh Chandel, the then Additional Sessions Judge, Court No. 2, Fatehpur for his future guidance.
