Court No. - 46 Case :- CRIMINAL APPEAL No. - 5307 of 2008 Petitioner :- Raja Ram & Others Respondent :- State Of U.P. Petitioner Counsel :- Apul Misra Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble S.C. Agarwal,J.
Heard learned counsel for the appellants, learned A.G.A. for the
State and perused the trial court judgment and record.
It is argued by the learned counsel for the appellants that in this
case, firearms are assigned to four persons. Appellants Raja Ram
and Rajesh are said to be armed with country made pistols and
appellants Subhash and Ram Pal are said to be armed with guns,
but there is only a single firearm injury on the person of the
deceased-Surendra. Further more, in the cross examination, PW-1
the informant-Ved Ram, brother of the deceased, has admitted that
Subhash and Ram Pal only fired in the air and that Rajesh and Raja
Ram fired at the deceased. The other two appellants Smt.
Gyanwati is said to be armed with a knife and Sheo Dayal is said
to be armed with a pharsa. It is argued that there are some
lacerated wounds and contusions, which are unexplained in the
prosecution version. The F.I.R. was ante timed.
Per contra, learned A.G.A. submitted that the F.I.R. was lodged
promptly within three hours of the incident. It is a broad day light
incident, which took place in the house of the informant and
deceased. So far as the incised wounds are concerned, it is wholly
consistent with the prosecution version. The circumstances
suggesting ante timing of the F.I.R. were not put to the
investigating officer.
Having considered the submissions of learned counsel for the
parties and without expressing any opinion on the merits of the
case, we are of the view that the appellants Subhash and Ram Pal
may be granted bail, but we are not inclined to grant bail to the
other appellants.
Hence, the prayer for bail of the appellants Raja Ram, Rajesh,
Sheo Dayal and Smt. Gyanwati is refused.
Let the appellants Subhash and Ram Pal, convicted and sentenced
in Sessions Trial No.499 of 2002 (State Versus Raja Ram &
others) arising out of case crime no.61 of 2002, under sections
148, 302/149 I.P.C., PS Data Ganj, District Budaun, be released on
bail on each of them furnishing a personal bond with two sureties
each in the like amount to the satisfaction of the court concerned.
However, the hearing of the appeal is expedited. Office to prepare
paper book preferably within three months and to list the appeal
for hearing thereafter before the appropriate Bench.
Order Date :- 14.7.2010
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