Allahabad High Court
Suraj Pal vs State Of U.P. on 4 April, 2019
Bench: Ramesh Sinha, Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL APPEAL No. - 897 of 2018
Appellant :- Suraj Pal
Respondent :- State Of U.P.
Counsel for Appellant :- Sudarshan Singh,Dharmendra Dhar Dubey
Counsel for Respondent :- G.A.
Connected
Case :- CRIMINAL APPEAL No. - 1120 of 2018
Appellant :- Jayveer Singh
Respondent :- State Of U.P.
Counsel for Appellant :- Sudarshan Singh
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Order on Crl. Misc. Bail Application No. 1A/1 of 2018.
Order on Crl. Misc. Bail Application No. 1A/1 of 2018.
Rejoinder affidavit filed today is taken on record.
Heard Sri Sudarshan Singh, learned counsel for the appellant, Sri Gaurav Pratap Singh, learned Brief Holder for the State and perused the lower court record.
It has been contended by the learned counsel for the appellants that the FIR was registered against the unknown persons including two appellants and during the course of investigation under section 161 Cr.P.C. statement of Ranvijai Singh, the complicity of the appellants has come into light but Ranvijay Singh was not examined by the trial court and PW1 Ganga Prasad who is stated to be son of the informant and PW2 Sukh Lal who is said to be the local resident have subsequently disclosed the complicity of the two appellants and PW1 has come to know that it was the co-accused Ram Pal who had shot dead his father and it is stated that both the PW1Ganga Prasad and PW2 Sukh Lal are not the eye witnesses of the occurrence and the appellants were implicated in the present case on the basis of country made pistol which is said to have been recovered at the instance of co-accused Suraj Pal which was found to have been used in the crime. He states that the said circumstance cannot be taken into account to be sufficient for conviction and sentence for the present appellants and it admittedly appear from the prosecution case that there is no eye witness account of the incident. So far as the criminal history of Suraj Pal is concerned, he has been convicted under section 302 IPC but he has been released on bail by this Court in appeal filed by him against his conviction and in the said case he was falsely implicated. So far as Jayveer Singh is concerned, he was also on bail and the criminal history against him was old and stale. He further submits that the appellant is in jail since 27.1.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellants.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellants are entitled to be released on bail.
Let the appellants Suraj Pal and Jayveer Singh convicted and sentenced in S.T. No.920 of 2008 (State of U.P. vs. Jaiveer and another) arising out of Case Crime No. 1378 of 2007 under Sections 302, 307, 120B I.P.C. and S.T. No.922 of 2008 (State vs. Suraj Pal) arising out of case crime no. 1591 of 2007 under section 25/27 Arms Act, police station Cantt., District Bareilly be released on bail on their furnishing personal bonds of Rs.2,00,000/0 with regard to appellant Suraj Pal and Rs.1,00,000/- with regard to appellant Jayveer Singh (out of which one should be a family member) each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them till the disposal of the appeal.
On acceptance of bail bonds and personal bonds, the lower court shall transmit Photostat copies thereof to this Court for being kept on the record.
The appellants shall appear in person before the police station concerned once in a month during the pendency of the appeal
The hearing of the appeal is expedited.
Office is directed to prepare the paper book within six months and list the same before appropriate Bench for final hearing.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 4.4.2019
AU
