Allahabad High Court
Sultan Singh & Another vs State Of U.P. on 21 July, 2010
Bench: Amar Saran, S.C. Agarwal
Court No. - 46 Case :- CRIMINAL APPEAL No. - 6177 of 2009 Petitioner :- Sultan Singh & Another Respondent :- State Of U.P. Petitioner Counsel :- K.P. Pandey Respondent Counsel :- Govt. Advocate Connected with Case :- CRIMINAL APPEAL No. - 6990 of 2009 Petitioner :- Devendra Singh Respondent :- State Of U.P. Petitioner Counsel :- Kartikey Singh Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon'ble S.C. Agarwal,J.
Since both the aforementioned criminal appeals arise out of a common judgment and order, the prayer for bail in both the appeals is being heard and disposed of by a common order. Written objections filed on behalf of the State is taken on record. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the trial court judgment and record. It is argued by learned counsel for the appellants that incident in question took place near the gas godown in village Girdharpur on 16.1.2004 at 7:00 p.m. The report was lodged by Giriraj Singh, brother of the deceased, at 8:15 p.m. the same day. In that report, he mentioned that two deceased Radha Charan and Durga Seth were going on a motorcycle and they were shot at by some unknown persons at the place of incident. Next day i.e. on 17.1.2004 at 12:45 p.m. a typed report was given by Tejpal, the son of the deceased Radha Charan wherein he mentioned that he was going on another motorcycle and now he nominates the appellants and one Bhuri, who died during trial, as having committed this crime. He stated that out of fear, he did not make this disclosure earlier. The version given by P.W.4 Giriraj Singh is completely different from the description of the incident, as mentioned by P.W. 1 Tejpal and other witnesses namely Raghuveer Singh P.W.2 and Phool Singh P.W.3, who are closely related to the deceased. The appellants were on bail during trial and they never misused the bail.
Per contra, learned A.G.A. opposed the prayer for bail and tried to support the trial court judgment.
Having considered the submissions made by the learned counsel for the parties and without expressing any opinion on the merits of the case, we are of the view that the appellants may be granted bail.
Let the appellants Sultan Singh, Bharat Singh alias Lala alias Pahalwan and Devendra Singh, convicted and sentenced in Sessions Trial Nos.381 of 2004 and 406 of 2007 arising out of case crime no.13 of 2004, under sections 302/34 I.P.C. and 25 Arms Act, PS Highway, District Mathura, be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned on depositing the fine of Rs.10,000/- (ten thousand) each. The realization of remaining amount of fine shall remain stayed during the pendency of their appeal.
Order Date :- 21.7.2010 ss