Court No. - 46 Case :- CRIMINAL APPEAL No. - 7914 of 2009 Petitioner :- Arjun Singh Respondent :- State Of U.P. Petitioner Counsel :- Radhey Shyam Shukla Respondent Counsel :- Govt. Advocate Hon'ble Sheo Kumar Singh,J.
Hon’ble Shyam Shankar Tiwari,J.
Heard Sri Radhey Shyam Shukla, learned Advocate, who appeared to press
the bail application moved on behalf of Arjun Singh and the learned
Additional Government Advocate.
Appellant, above named, was prosecuted for the offence punishable under
Sections so mentioned in the judgment and he is to serve out the sentence so
provided.
Submission is that it has come in the evidence that the applicant was having
Saria with him and other co accused were having Shuja, Bhala and lathi etc. It
is alleged that they all gave blow to the deceased, but the medical examination
report which indicates two injuries on the body of the deceased, none of the
injury can be caused by the use of Saria and thus, Saria which is said to be
with the applicant on the facts cannot be said to have been used.
Submission is that the applicant was on bail during the trial and he did not
misuse the same and therefore, he is entitled to be released on bail.
Learned Government side submits that although, the applicant is found to be
having Saria with him as has been stated by P.W.1 and P.W.2, but as all the
accused were together to commit the offence, if the prosecution version is
believed by the learned trial Judge, then it is not a case or release of the
appellant on bail.
On the facts it is clear that all the four accused were there. One died during
the trial and one has been acquitted.
So far as the applicant is concerned, Saria is said to be with him and by that it
is said that the injuries were caused. The injuries, which has been received by
the deceased cannot be caused by the use of Saria and thus, the argument is
taken note at this stage.
The appellant was on bail during the trial and he did not misuse the bail and
the appeal is not so old and thus it will be take long time in its disposal, thus
the appellant is entitled to be enlarged on bail.
On the facts and totality of the circumstances this Court is of the view that the
appellant is entitled to be enlarged on bail during the pendency of the appeal.
Accordingly, let the appellant Arjun Singh involved in S.T. No.565 of 1998
be enlarged on bail on his furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the Court concerned.
Realization of fine in respect to above appellant to the extent of 3/4th shall
remain stayed. Balance amount of fine shall be deposited forthwith. The
release order shall be sent after deposit of fine.
Order Date :- 18.1.2010
Ak/