Court No. - 46 Case :- CRIMINAL APPEAL No. - 3139 of 2010 Petitioner :- Shyam & Others Respondent :- State Of U.P. Petitioner Counsel :- Ravindra Prakash Srivasta Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble S.C. Agarwal,J.
Heard learned counsel for the appellants, learned Additional
Government Advocate and perused the record of the case.
An enquiry from the computer centre has been obtained by the
learned counsel for the appellants, which indicates that no appeal
has been filed by the main accused Shiv Vachan in this case so far.
A prayer for bail has been made in this criminal appeal, which has
been filed against the judgement and order dated 28.4.2010 passed
by the learned Additional Sessions Judge/FTC No. 1, Basti
convicting and sentencing the appellants Shyam, Tikur and Ram
Suresh under sections 302/34 IPC.
It is submitted by the learned counsel for the appellants that the co-
accused Shiv Vachan has been assigned Farsa and three appellants
and one other person, who was not charge sheeted, were assigned
lathies. The deceased Hari Ram had only incised wounds on his
head and neck and so far as two abrasions on his wrist is
concerned, it is contended that the doctor has stated that the
deceased could have got those abrasions even when he fell down
after he was given blows by Farsa.
The case of the appellants, it is submitted, is distinguishable from
that of Shiv Vachan.
Per contra, learned AGA opposed the prayer for bail and
contended that it is a broad day light murder and the FIR was
lodged promptly.
Having considered the submissions of the parties and without
expressing any opinion on the merits of the case, let the appellants
Shyam, Tikur and Ram Suresh convicted and sentenced in ST No.
176 of 2007, under sections 302/34 IPC, PS Walterganj, district
Basti, be released on bail on their furnishing a personal bond with
two sureties each in the like amount to the satisfaction of the court
concerned.
Order Date :- 15.7.2010
Ishrat