Hanuman Prasad Pandey @ Gende vs State of U.P.

Heard learned counsel for the applicant-appellant and the learned Additional Government Advocate on the prayer for bail in pending appeal made by means of moving application u/s 389 Cr.P.C.

Appellant-Hanuman Prasad Pandey alias Gende is convict of Sessions Trial No. 189 of 2006. He has been convicted u/s 302 IPC and sentenced for maximum term of life imprisonment with fine stipulation vide judgment and order dated 08.10.2007 passed by learned Additional Sessions Judge/F.T.C. I, Faizabad.

We have gone through judgment and record of lower court, including postmortem report of deceased-Bijma Devi.

It is a case where FIR was lodged by one Ram Shankar Pandey alleging therein that his sister-Bijma, who was married to Ram Jagat alias P.P., had died; when he, along with his relations reached at house, found his sister to be lying dead having ligature mark; he suspected that Rajbux Pandey (father-in-law) and his family members had committed crime.

It has been submitted by the learned counsel for appellant that it is surprising that husband of the deceased, namely, Ram Jagat alias P.P., was not challaned, but appellant, who happens to be Devar of the deceased, and father-in-law, namely, Rajbux Pandey were challaned and put to trial. Out of them, Rajbux Pandey has been acquitted by the court below and appellant has been convicted. Evidence led by the prosecution does not inspire confidence and merely on the basis of a wrist-watch, which is said to belong to appellant and recovered nearby body of the deceased on its sole basis the appellant could not be hauled up with respect to commission of the crime. Appellant is in jail since 07.05.2006. The appeal is of the year 2008 and there is no likelihood of the same being heard and decided in near future.

We, while going through FIR, statement of witnesses, judgment as well as record of lower court prima-facie at this juncture without commenting any further on merit of the case, find that it seems to be a case of very feeble evidence, which does not relate to only outcome with respect to commission of crime by the appellant.

In the aforesaid peculiar facts and circumstances of the case we find it a fit case for bail.

Let appellant-Hanuman Prasad Pandey alias Gende, 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 the appellant 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 the appellant to be preserved in the record maintained here.