Court No. - 55 Case :- CRIMINAL APPEAL No. - 4366 of 2009 Petitioner :- Lohia @ Ram Kumar & Others Respondent :- State Of U.P. Petitioner Counsel :- Pradeep Kumar Rai,I.M.Khan Respondent Counsel :- Govt. Advocate,Sharad K. Srivastava Hon'ble Vineet Saran,J.
Hon’ble Ashok Kumar Roopanwal,J.
The appellants have been convicted and sentenced to life imprisonment under
Sections 147, 302/149 IPC vide judgement and order dated 18.7.2009 passed
by the Additional Sessions Judge, Fast Track Court No. 1, Fatehpur in
Sessions Trial No. 399 of 2006, Police Station: Bindki, District: Fatehpur.
Heard learned counsel for the appellants as well as learned A.G.A. for the
State-respondents and Sri Sharad Kumar Srivastava for the complainant and
have perused the record.
The submission of the learned counsel for the appellants is that the conviction
of the appellants is based solely on circumstantial evidence. It is submitted
that the chain of events are not linked so as to say that the crime was
committed by the appellants and the conviction is based solely on surmises
and congestures. It is further submitted that the appellants have been on bail
during trial proceedings and have never misused the same. It is however
submitted that the appellants have been in jail for six months.
Considering the facts and circumstances of this case and keeping in view the
submissions of the learned counsel for the appellants and without expressing
any opinion on the merits of the case, in our opinion, the appellants are
entitled to be enlarged on bail.
Let the appellants, namely, Lohia @ Ram Kumar, Raghuraj, Deshraj, Ram
Karan and Ram Narain, be enlarged on bail on their furnishing personal bond
and two sureties each in the like amount to the satisfaction of the Chief
Judicial Magistrate, Fatehpur, subject to depositing one half of the amount of
fine imposed by the Trial Court. The realisation of remaining amount of fine
shall remain stayed during the pendency of the appeal.
Order Date :- 19.1.2010
abHiShEk