Haripal Singh and Another vs State of U.P.

(Crl Misc. Application No. 32241 of 2010)

This application u/s 389 Code of Criminal Procedure with the prayer for bail has been moved by Appellants Haripal Singh and Veer Singh alias Veere. The Appellants have been convicted in Sessions Trial No. 61 of 2005 relating to case crime No. 166 of 1996 under Sections 302/34 and 323/34 IPC of Police Station Wajeerganj, district Gonda and have been sentenced to the maximum term of life imprisonment with fine.

We have heard learned Counsel for the Appellants and learned Additional Government Advocate on the prayer for bail and have gone through the judgment of the court below, the First Information Report, post mortem report of deceased Anil Kumar Singh, and injury report of PW-1 Sunil Kumar Singh. We have also gone through the statement of the complainant Sunil Kumar Singh and other prosecution witnesses.

The prosecution version as it unfolds is that on 19.08.1996 at about 02.00 pm the Appellants, armed with Lathi, instigated co-accused Nanmoon Mishra to eliminate the informant and the deceased upon which Nanmoon Mishra hurled a bomb upon Anil Kumar Singh who received bomb injuries and died while on way to the hospital. It is also the prosecution case that complainant Sunil Kumar Singh was also dealt with.

It is submitted by the learned Counsel for the Appellants that it is the specific case of the prosecution that deceased died on account of splinter injuries of the bomb hurled by co-accused Nanmoon Mishra and the injuries suffered by Sunil Kumar Singh, i.e. lacerated wounds, as per opinion of the doctor, were simple in nature. His submission, thus, is that the deceased did not receive any lathi injury and at the most it can be said that injured Sunil Kumar Singh received lathi injuries which were simple in nature.

It is further submitted that the Appellants were on bail during trial and they have not misused the libery of bail granted to them and there is no likelihood of the appeal being disposed of in near future.

Taking into consideration the over all aspects of the matter, we are of the opinion that the Appellants are entitled to be enlarged on bail.

Let Appellants Haripal Singh and Veer Singh alias Veere, convicts of above mentioned Sessions Trial be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Gonda.

Realization of half of the fine is stayed during pendency of the appeal. Remaining half of the fine shall be deposited by the Appellants within one month from the date of their release on bail.

The Chief Judicial Magistrate concerned shall transmit to this Court photo copies of the bail and surety bonds furnished by the Appellants to be kept on the record of the appeal.