Dinesh Chandra vs State of U.P.

As aforesaid applications for bail moved u/s 389 Cr.P.C. along with the appeals arise out of one and the same judgment dated 11.02.2010 passed by the court below, they are being taken up together and decided by this common order.

Heard Shri Ravi Singh, learned counsel for applicants-appellants, and the learned Additional Government Advocate.

Appellant-Dinesh Chandra is convict of Sessions Trial Nos. 214 of 2006 and 215 of 2006, while appellant-Subhash Chandra is convict of Sessions Trial No. 214 of 2006. They have been convicted under Sections 302/34 IPC read with Section 3/25 Arms Act and 302/34 IPC respectively and sentenced for maximum term of life imprisonment with fine stipulation vide judgment and order dated 11.02.2010 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Amebdkar Nagar.

We have gone through judgment and record of lower court.

It comes out as submitted by learned counsel for the appellants that role of catching-hold had been assigned to appellant-Subhash Chandra whereas specific role of firing on Suresh Chandra had been assigned to appellant-Dinesh Chandra. Suresh Chandra after receiving firearm injury had died on the spot. The learned counsel further submitted that appellant-Subhash Chandra has been convicted with the aid of Section 34 IPC. It is stated that both appellants are in jail since 11.02.2010 and one of them, namely, Subhash Chandra, who was on bail during the course of trial, did not misuse the liberty of bail granted to him It is also stated that the appeals are of the year 2010 and there is no likelihood of the same being heard and decided in near future.

Prima-facie, at this juncture, we find that there is specific evidence, which shows involvement of appellant-Dinesh Chandra with respect to commission of the crime u/s 302 IPC.

Taking into consideration overall aspects of the matter, we don''t find it a fit case for releasing appellant-Dinesh Chandra on bail. Accordingly, his prayer for bail is rejected.

So far as appellant-Subhash Chandra is concerned, we find it a fit case for releasing him on bail.

Let appellant-Subhash Chandra, convict of aforesaid sessions 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 concerned.

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

Chief Judicial Magistrate concerned is directed to transmit to this Court photocopies of bond and sureties filed by appellant-Subhash Chandra to be preserved in the record maintained here.