Raghuveer Singh And 2 Others vs State Of U.P.
2023 Latest Caselaw 29117 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:201904-DB
 
Court No. - 42
 

 
Case :- CRIMINAL APPEAL No. - 1387 of 2018
 

 
Appellant :- Raghuveer Singh And 2 Others
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Anoop Trivedi,Arun Kumar Tripathi,Pushpendra Singh Yadav,R.P.S. Chauhan,Sachin Kanaujiya
 
Counsel for Respondent :- G.A.,Rajeev Kumar,Siya Ram Verma
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Ms. Nand Prabha Shukla,J.

1. Heard Sri Sachin Kanaujiya, learned counsel for the accused applicant/ appellant No. 2 Chakrapal Singh and the accused applicant/appellant No. 3 Badshah, Sri Siya Ram Verma, learned counsel for the informant and Smt. Manju Thakur, learned A.G.A. for the State.

2. The accused appellant filed the present appeal praying to set aside the judgment and order dated 12.01.2018 in Sessions Trial No. 284 of 2002 (State vs. Raghuveer, Chakrapal and Badshah) arising out of Case Crime No. 101 of 2002, under Sections 302/34 and 307/34 IPC, P.S. Compil, Farukhabad, and Sessions Trial No. 292 of 2002 (State vs. Badshah) arising out of Case Crime No. 103 of 2002, under Sections 25/27 Arms Act, P.S. Compil, Farrukhabad, passed by the Additional Sessions Judge, Court No. 1, Farrukhabad whereby the accused appellants have been convicted under Section 302/34 IPC and sentenced to life imprisonment with a fine of Rs. 20,000/- each and in the event of non-payment of fine, to undergo further sentence of three months each and under Sections 307/34 IPC sentenced for seven years R.I. and fine of 10,000/- each. Additionally, the accused appellant No. 3 Badshah has been convicted under Sections 25/27 Arms Act and sentenced for five years R.I. and also to pay fine of Rs. 10,000/- and in the event of non-deposit of fine, to undergo imprisonment for two months.

3. The accused appellant No. 1 Raghuveer Singh has been enlarged on bail by order dated 23.05.2023 passed by this Court in Criminal Misc. Bail Application No. 11711 of 2018, on the ground that he remained in jail for about nine years and the judgment of Hon'ble Supreme Court in Saudan Singh vs. State of U.P. decided on 25.02.2022 in Criminal Appeal No. 308 of 2022 and Suleman vs. State of U.P. (Criminal Appeal No. 491 of 2022) decided on 09.05.2022 is applicable as he remained in jail for a fairly long time.

4. As per First Information Report, the aforesaid accused appellant No. 1 Raghuveer Singh was shown to be armed with rifle, accused appellant No. 2 Chakrapal Singh with a country made pistol and accused appellant No. 3 Badshah with a Rifle and allegedly all the three fired at the deceased, Durbeen Singh, who died due to fire arm injuries. From the body of the deceased, a bullet was recovered. The rifle allegedly used by the accused appellant No. 3 Badshah was recovered on the pointing out of the accused Badshah. From the place of occurrence, one empty cartridge of rifle was also recovered. The recovered desi rifle and the recovered cartridge marked as EC-1 both were sent for Forensic Examination. As per report of the Vidhi Vigyan Prayogshala, the empty cartridge found at the place of occurrence was opined to have been fired from the rifle recovered.

5. Considering the evidences led by the prosecution and the defence, all the accused appellants were convicted and sentenced as aforesaid.

Order on Criminal Misc. Bail Application No. 11711 of 2018 in respect of the accused applicant/appellant No. 3 Badshah, son of Babu Ram

6. As per First Information Report, the aforesaid accused applicant/appellant No. 3 Badshah was having a country made rifle by which he fired at the deceased. An empty cartridge was recovered from the place of occurrence. Recovery of the rifle allegedly used by the accused appellant Badshah was recovered at his pointing out. The empty cartridge recovered from the place of occurrence and the aforesaid rifle recovered at the pointing out of the accused appellant Badshah, were sent for forensic examination. As per report of the Vidhi Vigyan Prayogshala, as mentioned in the impugned judgment; it was found that the empty cartridge recovered from the place of occurrence was fired from the recovered desi rifle. Under the circumstances, prima facie there being a scientific evidence indicating usage of the recovered weapon allegedly used by the accused appellant Badshah and the empty cartridge recovered from the place of occurrence too have been fired from the said weapon, coupled with the fact that the accused appellant has been convicted under Sections 25/27 of the Arms Act besides conviction under Sections 302/34, 307/34 IPC, his case is quite distinguishable for the purposes of grant of bail as compared to the bail granted to the accused appellant No. 1 Raghuveer Singh. Therefore, without commenting on merits of the case, we do not find it a fit case to enlarge the appellant No. 3 Badshah on bail. Consequently, bail application of the accused applicant/appellant No. 3 Badshah is hereby rejected.

Order on Criminal Misc. Bail Application of the accused applicant/ appellant No. 2 Chakrapal son of Karan Singh

7. From perusal of the impugned judgment of the learned Trial Court, we find that in the First Information Report, the accused applicant/appellant No. 2 Chakrapal has been shown armed with country made pistol. No empty cartridge from the place of occurrence relating to the aforesaid country made pistol was recovered. The applicant is languishing in jail since 12.01.2018. As per custody report filed today by the opposite party along with affidavit dated 16.10.2023, the accused applicant/appellant No. 2 Chakrapal Singh has undergone actual period of imprisonment for 8 years 9 months and 10 days and total sentence including remission for 10 years 2 months and 28 days, as on 06.10.2022. During trial, he remained in jail for 3 years and 15 days and after conviction, he remained in jail for 5 years 8 months and 25 days, as on 06.10.2022. There is nothing on record to show that he ever misused the liberty of bail. Paper book in the present case has not yet been prepared. Therefore, appeal is not likely to be heard and decided expeditiously in near future.

8. Therefore, in this view of the matter and the law laid down by the Hon'ble Supreme Court in the case of Saudan Singh (Supra) and Suleman (Supra), the accused applicant/appellant No. 2 Chakrapal Singh is entitled for release on bail. The case of the applicant/appellant No. 3 Badshah is distinguishable from the case of the accused applicant/appellant No. 2 Chakrapal Singh for the purposes of consideration of bail application. Facts in this regard, have already been indicated above in brief. The applicant Chakrapal Singh is entitled for grant of bail on the ground of parity with the bail granted to the accused appellant No. 1 Raghuveer Singh.

9. In view of the aforesaid and without commenting on merits of the case, the applicant/accused appellant No. 2 Chakrapal Singh, son of Karan Singh, resident of Village Ahivaran Nagla Mauja Bahabalpur, P.S. Compil, District- Farrukhabad convicted and sentenced with life imprisonment in Sessions Trial No. 284 of 2002 (State vs. Raghuveer Singh and two others), relating to Case Crime No. 101 of 2002, under Sections 302/34, 307/34 IPC, P.S. Compil, Farrukhabad, by judgment and order passed by the Additional Sessions Judge, Court No. 1, Farrukhabad, is enlarged on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the Court concerned.

10. The recovery of the fine shall also remain stayed till the decision of the appeal.

11. On acceptance of bail bond and personal bonds, the Court concerned shall transmit photostat copies thereof to this Court for being kept on record.

12. Office shall inform the concerned Jail Superintendent to the Chief Judicial Magistrate concerned to ensure compliance of the order.

13. Conditions as have been made applicable by Hon'ble Supreme Court in the case In Re: Policy Strategy for Grant of Bail passed in SMWP (Criminal) No. 4 of 2021 by order dated 31.01.2023 be complied with.

14. The bail application of the accused applicant/appellant No. 2 Chakrapal Singh is, accordingly, disposed of.

Order Date :- 18.10.2023

Shivani