Court No. - 25 Case :- CRIMINAL APPEAL No. - 1000 of 2010 Petitioner :- Ajay Singh Respondent :- State Of U.P. Petitioner Counsel :- Smt. Nalini Jain Respondent Counsel :- Govt. Advocate Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Criminal Application No. 37019 of 2010.
Heard learned counsel for the appellant and the learned Additional
Government Advocate on the prayer for bail of appellant in
pending appeal.
This criminal appeal has been preferred by appellant Ajay Singh
against judgment dated 27.03.2010 passed by the Special Judge,
SC/ST Act, Faizabad in Sessions Trial No. 81 of 1996 whereby he
has been convicted under Sections 302/34 IPC read with Sections
3(2)(5) SC/ST Act and has been sentenced for maximum term of
life imprisonment with fine stipulation.
We have gone through the judgment and record of lower court,
including FIR lodged by Awadhesh Kumar with respect to an
incident said to have been committed on 29.09.1995 at about 11
P.M.
As it comes out appellant Ajay Singh was driving a motorcycle
and Brajendra Singh and Ajeet Singh, who were sitting on pillion
seat, fired on Tidi (deceased), who was coming back to his home
through a culvert. The deceased after receiving firearm injury said
to have been fired by Brajendra Singh and Ajeet Sing fell down
and succumbed to the same. Postmortem of the deceased indicates
only one wound of entry
It is argued by the learned counsel for the appellant that the
appellant has been convicted with the aid of Section 34 IPC since
role assigned to him is of driving the motorcycle on which the
persons, who have assigned role of firing, were sitting. It is further
argued that there is no specific averment either in the FIR or in the
statement of prosecution witnesses in any manner that appellant-
Ajay Singh fired on the deceased. It is stated that the appellant was
on bail during the course of trial and he did not misuse the liberty
of bail granted to him. It is also stated that there is no likelihood of
the appeal being heard and decided in near future.
In view of the submissions made by the learned counsel for the
appellant, without going further into merit of the case, we find it a
fit case for bail.
Let appellant-Ajay Singh, convict of aforesaid sessions trial, be
released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of Chief Judicial
Magistrate concerned.
Realization of half of the fine is stayed and remaining half of the
fine shall be deposited by the appellant within one month from the
date of his release on bail.
Chief Judicial Magistrate concerned is directed to transmit to this
Court photocopies of bond and sureties filed by the appellant to be
preserved in the record maintained here.
Order Date :- 1.7.2010
Chauhan/-