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Judgment
6 paragraphs · 379 wordsHeard the learned Counsel for the parties.
It is contended on behalf of the Appellant that there is no direct evidence in the present case but the prosecution case is based on circumstantial evidence. So far as last seen evidence is concerned, he referred the statement of PW1 Totaram with FIR Ex.P1 lodged by PW1 Totaram, father of the deceased and contended that if PW1 Totaram was witness of last seen, then there was no reason for not mentioning the said circumstances in the written report lodged by PW1 Totaram himself.
It is further contended that so far as recovery of clothes and human blood found thereon is concerned, a bare perusal of , Recovery Memo of clothes of accused, will reveal that ''T-shirt'' was found blood stained, but there was ''shirt'' over it and no blood was found on it, blood was found on ''underwear'' but no ''pant'' was either recovered or blood stain was found on it. In these circumstances, prima-facie, conviction recorded by the trial Court cannot be said to be legal and proper in the eye of law and the accused is entitled for grant of bail during pendency of the appeal.
Learned Public Prosecutor opposed the bail application.
We have considered the submissions of learned Counsel for the parties in the light of reasons assigned by the trial Court for recording conviction of the Appellant, but without expressing any opinion on the merits and demerits of the case, we are inclined to allow this bail application and the same is hereby allowed.
It is, therefore, directed that sentence of imprisonment of Appellant Man Singh S/o Bijendra alias Bijando, by caste-Jatav, R/o Village Panhori, Police Station Deeg, District Bharatpur, passed by the Additional Sessions Judge (Fast Track) No. 4, Bharatpur, Headquarter Deeg vide impugned judgment dated 24.09.2009 in Sessions Case No. 35/2009 shall remain suspended during the pendency of the appeal and he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rs. Fifty thousand) with two sureties of Rs. 25,000/- (Rs. Twenty five thousand) each to the satisfaction of the trial Court to appear before this Court on 06.12.2010 and as and when he is called upon to do so.