HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 2128 of 2007 Petitioner :- Bhawarpal Respondent :- State Of U.P. Petitioner Counsel :- P.K. Chauhan,I.P. Singh Respondent Counsel :- Govt. Advocate IN Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1814 of 2007 Petitioner :- Ram Prakash Respondent :- State Of U.P. Petitioner Counsel :- Vikas Sahai Respondent Counsel :- Govt. Advocate Hon'ble Dharnidhar Jha,J.
Hon'ble Pankaj Naqvi,J.
We have heard Sri I.P. Singh, Advocate, on the prayer for bail of appellant Bhawarpal (in Criminal Appeal No.2128 of 2007) and Sri S.V. Singh, Advocate appearing on behalf of appellant Ram Prakash (in Criminal Appeal No.1814 of 2007) after receipt of the lower Court record in the two connected appeals. We have also heard Smt. Ainakshi Sharma learned AGA on behalf of the State.
The allegation is made directly against the appellant Bhawarpal that he caused the firearm injury on the chest of the uncle of the informant Rishi Pal when he had fallen down. The other accused caused other injuries which were recorded during postmortem examination. As regards appellant Ram Prakash, it is true that he is not the only assailant of the other deceased Rakesh. General evidence indicates that he along with other accused chased Rakesh and the other deceased. It is true that the appellant Bhawarpal is in jail since 2.11.2004 and Ram Prakash was taken in custody on 5.4.2005.
After considering that it is a case of double murder case, we are not inclined to direct release of the appellants Bhawarpal and Ram Prakash at this stage.
If the appeals are not heard and disposed of within a further period of nine months from today, the appellants shall be free to renew their prayer for bail.
Order Date :- 1.10.2012 Hasnain