Allahabad High Court
Resham vs State Of U.P. on 24 April, 2018
Bench: Shashi Kant Gupta, Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- CRIMINAL APPEAL No. - 6077 of 2017
Appellant :- Resham
Respondent :- State Of U.P.
Counsel for Appellant :- Vinay Saran,Kailash Prasad Pandey
Counsel for Respondent :- G.A.
Along with
Case :- CRIMINAL APPEAL No. - 5594 of 2017
Appellant :- Jaswant Singh
Respondent :- State Of U.P.
Counsel for Appellant :- Amit Singh
Counsel for Respondent :- G.A.,K P Pandey
Along with
Case :- CRIMINAL APPEAL No. - 6078 of 2017
Appellant :- Amar Singh & Another
Respondent :- State Of U.P.
Counsel for Appellant :- Vinay Saran
Counsel for Respondent :- G.A.,Kailash Prasad Pandey
Hon'ble Shashi Kant Gupta,J.
Hon'ble Bachchoo Lal,J.
Order on Cr. Misc. Bail Application No.341020 of 2017
Counter affidavit filed in Cr. Appeal No. 6078 of 2017 and rejoinder affidavit filed in Cr. Appeal No. 5594 of 2017 be taken on record.
Heard Sri Vinay Saran and Sri Amit Singh, Advocates, learned counsel for the appellants, Sri Ajit Ray, learned A.G.A. for the State and Sri Kailash Prasad Pandey, learned counsel for the complainant and perused the record.
We have heard learned counsel for the parties on the bail prayer of the above appellants who have been found guilty under various sections of Indian Penal Code and sentenced to undergo imprisonment for life with fine.
Learned counsel for the appellants submits that the appellants are innocent and they have falsely been implicated in the present case. The alleged incident is said to have been occurred in the intervening night of 2/3.6.2013 at around 12.30 a.m. (mid-night) and the First Information Report of the alleged incident was lodged in the morning at 7.30 a.m. by Hari Ram Sharma, the brother of the deceased. Learned counsel for the appellants further submitted that the alleged incident had occurred in a field that was far away from the abadi in a pitch dark night as there was no source of light. It has further been submitted that according to the prosecution version the appellants were identified by the eye witnesses in the light of torch but the said torch was neither recovered nor its fard was prepared. It has further been submitted that the eye witnesses claimed to have seen the alleged incident from 100 paces away from the place of alleged incident and at the relevant time, there was no supply of electricity as such the tube-well was not functioning. It has further been submitted that p.w.-3 Sonu was not present on the spot because he was out of station. In support of his defence, he has produced D.W.-1 Hari Singh who claims to have brought Sonu on the next day of the incident to the village where the incident had occurred. It has further been submitted that in the F.I.R. appellant Resham has been shown carrying lathi in his hands but post mortem report of the deceased shows that the deceased did not receive any injury of lathi as such the medical report does not support the prosecution story and so far the appellant Jaswant Singh is concerned, he was assigned the role of carrying Tamancha in his hands and p.w.-2 also stated that he was carrying Tamancha however, p.w.-3 Sonu stated that Jaswant was carrying Farsa in his hands as such there was material contradiction in their statements on the issue. It has further been submitted that neither lathi nor Tamancha was recovered from the possession of the appellants. The post mortem report does not reveal any injury caused either by lathi or fire arm but shows that it was caused by sharp edged weapon. The evidence of the witnesses of fact is not believable. The false allegation has been made against the appellants. The appellants Resham and Jaswant Singh were on bail during trial and they had not misused the liberty for bail. There is no likelihood of early hearing of the appeal in near future.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and supported the trial court's judgement. It has been submitted that the court below has given cogent and convincing reasons while convicting the appellants. Learned A.G.A. and learned counsel for the complainant further submitted that the deceased received incised wound and admitted that deceased has not received any injury with hard object and no fire arm injury is said to have been received by the deceased. It has further been submitted that the court below has given cogent reasons while rejecting the plea of alibi as claimed by appellant Amar Singh who was carrying an axe in his hands. The court has recorded finding that the appellants could not establish that as to from which of the two feeders, the electricity was being supplied to the tube-well in question as one of the feeders was operational at the relevant time
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, we are of the opinion that the appellants Resham and Jaswant Singh have made out a case for bail. So far as the bail prayer of the appellants Amar Singh and Chandra Pal is concerned, no case for their bail is made out.
Let the appellants Resham and Jaswant Singh convicted and sentenced in S.T. Nos. 736 of 2013 and 132 of 2014, under Sections 148, 302/149, 506 IPC, Police Station Shergarh District Mathura be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.
Accordingly, the bail prayer of the appellants Amar Singh and Chandra Pal is hereby rejected.
On deposit of 50% of fine imposed on the appellants Resham and Jaswant Singh, the remaining fine shall remain stayed during pendency of the appeal.
Lower court's record has been received, office is directed to prepare paper books and list this appeal for hearing at an early date.
Order Date :- 24.4.2018
Gss
