Allahabad High Court grants bail to Sanny Panchal in dowry death case
The Allahabad High Court has allowed the bail application of Sanny Panchal, accused in the dowry murder case registered at Ghaziabad Loni police station.
A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Application filed by Sanny Panchal.
The application has been filed seeking release of the applicant on bail in Case under Sections 498A, 304B, 506 I.P.C and 3/4 Dowry Prohibition Act, Police Station- Loni, District- Ghaziabad, during pendency of the trial in the court below.
Counsel for the applicant submitted that this is the second bail application filed on behalf of applicant and his first bail application has been dismissed by the court vide order dated 28.07.2023.
He filed the second bill on the ground that in the present matter applicant who is however husband of the deceased is in jail since 16.12.2020 i.e for last almost three and a half years and till date out of 14 witnesses of the charge sheet only one prosecution witness i.e informant could be examined by the trial court.
He further submitted that in spite of the repeated summons and coercive measures taken by the trial Court, prosecution witness till date failed to appear before the trial Court and therefore, it appears that trial of the case is moving with languid pace and there is no hope of its early disposal.
He also submitted that the right of speedy trial is the fundamental right of an accused and on its violation his bail application can be considered.
He said that the applicant does not have any criminal history and he has been in jail since 16.12.2020.
Per contra, AGA however, opposed the prayer for bail and submitted that this is the second bail application filed on behalf of applicant and applicant is husband of the deceased and after considering the entire facts and circumstances of the case, his first bail application was dismissed but could not dispute, applicant is in jail for almost three and a half years and inspite of the coercive measures taken by the trial court prosecution witness till date did not appear before trial Court.
The Court observed that,
This is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by the court on merits vide order dated 28.07.2023 and it also appears that applicant is husband of the deceased and his wife died within seven years of her marriage under abnormal circumstances and there is also allegation of demand of dowry but it reflects that trial of the case is moving at a snails’ pace and till date out of 14 prosecution witnesses in the charge sheet only informant could be examined and inspite of the summons and warrants issued against prosecution witness he did not appear before the trial court and therefore there is no hope of early disposal of the trial.
The Apex Court in the case of Union of India Vs K.A Najeeb (2021) 3 SCC 713 categorically observed that long incarceration of an excused person can be considered while considering his bail. The law is settled that prolonged incarceration of an accused deserves attention of the court.
“Further, as the applicant is in jail in the matter for almost three and a half years therefore it appears that he served almost half of the minimum sentence provided for offence under section 304-B IPC. Further, from the record, it also reflects that during cross-examination the informant of the case did not support the prosecution caseFurther, the applicant does not have any criminal history and he has been in jail since 16.12.2020.
Therefore, considering the facts and circumstances of the case discussed above, in my view the applicant is entitled to be released on bail”, the Court further observed while allowing the bail application.
The Court ordered that,
Let the applicant- Sanny Panchal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above conditions, the prosecution will be at liberty to move an application before the Court for cancellation of the bail of the applicant.
from India Legal https://ift.tt/Sf7JHaK