Court No.5
Criminal Appeal No.2876 of 2009
Siya Ram and another. .....Appellants
Vs.
The State of U.P. .........Opp. Party
Hon'ble Vedpal,J.
Heard.
Admit.
Summon the lower court record and list the appeal for hearing
in due course.
Heard learned counsel for the appellants, learned A.G. A. and
perused the record of the case.
In S.T.No.137 of 2003 (Crime No.230 of 2000), the appellants
Siya Ram and Kripa Ram alongwith one another namely Badlu have been
convicted and sentenced for the offence punishable under Sections
307/34 and 506(2) I.P.C. The maximum sentence awarded to them under
Section 307/34 I.P.C. is ten years’ rigorous imprisonment along with a
fine of Rs.10,000/- and in default of payment of fine to further undergo
one year’s rigorous imprisonment
It has been contended by the learned counsel for the appellant
that the evidence adduced by the prosecution in support of his case is not
reliable one and the offence for which the appellant has been convicted is
not made out against the accused beyond reasonable doubt. That the
appellant has been falsely involved in the case and the learned trial court
has not properly appreciated the evidence available on record. That the
role of firing has been assigned to co-accused Badlu and the appellants
have been assigned the role of exhortation. That the appellants were on
bail during trial and there is nothing on record to show that they ever
misused the liberty of bail and the appellants have every hope of success
in appeal.
Bail has been opposed by learned A.G.A.
Considered the respective submissions made by the parties. It
reveals from the record that role of firing has not been assigned to any of
the appellants. The submission of learned counsel for the appellants has
substance. In view of the facts and circumstances of the case, having
regard to the nature of evidence, adduced during trial and the probability
factor, I am of the opinion that the appellants can be released on bail. Let
the appellants Siya Ram and Kripa Ram be released on bail during the
pendency of appeal on furnishing by each of them a personal bond with
two sureties each in the like amount to the satisfaction of the Court
concerned provided they deposit fine imposed by the trial court.
The operation of the sentence of imprisonment shall remain
suspended during the pendency of appeal.
27.1.2010
Tripathi