Chandra Pal @ Chandra Bhan Singh vs State of U.P.

Yogendra Kumar Sangal, J.

(Criminal Misc. Application No. 65243 of 2010)

Heard learned Counsel for the appellant as well as learned Additional Government Advocate with respect to prayer for bail in pending appeal.

This appeal has been preferred by the appellant Chandra Pal alias Chandra Bhan Singh against the Judgment and order dated 12.05.2010 passed by learned Special Judge, SC/ST (PA) Act, 1989, FTC No. 5, Hardoi in Sessions Trial 621-A of 2000 whereby the appellant has been convicted under Sections 302/34 & 452 IPC and sentenced for a maximum term of life imprisonment with fine stipulation.

We have gone through the judgment of the court below as well as lower court record including FIR and post mortem report of the deceased Ganga Ram.

It comes out that the deceased Ganga Ram has been killed by the appellant along with other co-accused persons by entering into his hut wherein Nathu Singh had held hands and the present appellant had held legs of the deceased and Suresh, one of the co-accused, had fired upon the the deceased Ganga Ram from very closed range due to which he succumbed to the injuries on the spot, even the prosecution witnesses have supported prosecution story in their statements.

Argument advanced by learned Counsel for the appellant is that the appellant has been assigned only the role of catching hold of the deceased Ganga Ram and he has been convicted only with the aid of Section 34 Cr.P.C. It has also been argued that initially the appellant Chandra Pal alias Chandra Bhan Singh was not named in the FIR but later on during the course of investigation, after the statements of witnesses recorded u/s 161 Cr.P.C., his name has been introduced in the FIR.

Taking into consideration overall aspects of the matter and without commenting any further on merit of the case, we find it a fit case for bail.

Let appellant Chandra Pal alias Chandra Bhan Singh, convict of aforesaid session trial, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Hardoi.

Realisation of half of the fine is stayed and remaining half of the fine shall be deposited by the appellant within one month from the date of his release on bail.

The court below is directed to transmit to this Court forthwith photocopies of bond and sureties filed by appellant to be preserved in the record maintained here.