Allahabad High Court
Maharaj Singh & Others vs State Of U.P. on 10 September, 2014
Bench: Amar Saran, Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 46
Criminal Misc. IInd Bail application no.201452 of 2014
IN
Case :- CRIMINAL APPEAL No. - 7559 of 2007
Appellant :- Maharaj Singh & Others
Respondent :- State Of U.P.
Counsel for Appellant :- Vijendra Singh,A.Kumar Singh,Abhilasha Singh,Yogendra Mishra
Counsel for Respondent :- Govt. Advocate
Hon'ble Amar Saran,J.
Hon'ble Karuna Nand Bajpayee,J.
Heard Sri Ambrish Kumar, learned counsel for the applicant-Maharaj Singh. He states that he does not want to press the second bail application of Maharaj Singh.
It is accordingly dismissed as not pressed.
Order Date :- 10.9.2014
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Criminal Misc. IInd Bail application no.324106 of 2013
And
Criminal Misc. IInd Bail application no.201453 of 2014
IN
Case :- CRIMINAL APPEAL No. - 7559 of 2007
Appellant :- Maharaj Singh & Others
Respondent :- State Of U.P.
Counsel for Appellant :- Vijendra Singh,A.Kumar Singh,Abhilasha Singh,Yogendra Mishra
Counsel for Respondent :- Govt. Advocate
Hon'ble Amar Saran,J.
Hon'ble Karuna Nand Bajpayee,J.
Since two separate second bail applications have been filed in this criminal appeal, the prayer for bail in both the applications is being heard and disposed of by means of this common order.
Heard learned counsel for the applicant-appellants and the learned A.G.A for the State.
It is submitted by the learned counsel for the applicants-appellants that the appellants- Ram Veer and Maharaj Singh are in jail for about nine years and appellant Ajay Pal and Shawal Singh are in jail for about eight years. The motive of this crime that the brother of Maharaj Singh had been murdered by another son of the informant Satyaveer and the nephew Girish who were prosecuted for the same offence. Further argument is that although indiscriminate firing was made on the deceased, but he had received three wounds of entry and there are four assailants .
Per contra, learned A.G.A opposed the prayer for bail and submitted that this is a case of indiscriminate firing but could not dispute the long period of detention of appellant in jail and the lack of prospects of early hearing of the appeal in the wake of staggering pendency of cases in the court.
Having given our thoughtful consideration to the submission of learned counsel for the parties and without expressing any opinion on the merits of the case at this stage, we are of the view that the applicants-appellants have made out a case for bail.
Let the appellants Mahraj Singh, Ajai Pal alias Mukhiya, Ramvir and Sawal Singh convicted and sentenced in S.T. Nos. 184 of 2006, 182 of 2006, 183 of 2006, case crime Nos. 196 of 2005, 239 of 2005 and 220 of 2005,, under sections 302/34 I.P.C,25 Arms Act, P.S. Baghwala, district Etah be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.
Order Date :- 10.9.2014
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