Munnu Alias Munna, Babu Ram and Shamshad vs State of U.P.

Heard Shri R.P. Mishra and Shri A. Rafique, learned Counsel appearing for the appellants, and the learned Additional Government Advocate on the prayer for bail of appellants in pending appeals.

Since all the above appeals arise out of one and the same Judgment & order and are connected with each other, prayer for bail is being considered by this common order.

These Criminal Appeal Nos. 2320 of 2009, 2321 of 2009 and 2580 of 2009 have been preferred by appellants Munnu alias Munna, Babu Ram and Shamshad against the judgment and order dated 24.09.2009 passed by the Additional Session Judge, Court No. 2, Sitapur in Sessions Trial No. 202 of 2002 whereby they have been convicted under Sections 302/34 and 201 IPC read with Section 3(2)(v) SC/ST and have been sentenced for maximum term of life imprisonment with fine stipulation.

We have gone through the judgment as well as record of court below.

It comes out that one Ram Gopal Raidas, husband of complainant (Smt. Kamala Devi) is said to have been killed by the appellants, including one Waris and his dead Body was thrown on the railway track. Four persons i.e. Shamshad, Munnu alias Munna, Warish and Baburam came to the house of Ram Gopal Raidas (deceased) and had a talk with him. On the next day again they came to his house and took him along with them on the pretext that they are going to Biswan Bazar. Thereafter Ram Gopal Raidas was not seen and his dead Body was recovered on the Railway line. Postmortem was conducted on 30.09.2001 and the FIR was lodged in the month of December, 2001.

It has been argued by the learned Counsel for the appellants that the incident is of the month of September, 2001 i.e. about three months earlier of which FIR was lodged on 04.12.2001 by P.W.-1, Smt. Kamla Devi. From the Statement of P.W. 1, it comes out that the accused persons had participated in the last rites of Ram Gopal. It has also been argued that it is a case of circumstantial evidence and the FIR is highly belated. It is stated that the appellants were on bail during the course of trial and they did not misuse the liberty of bail granted to them. It is also stated that there is no likelihood of the appeal being heard and decided in near future.

Taking into consideration the over all aspect of the matter and without entering further into merit of the case, we find it a fit case for bail.

Let appellants-Munnu alias Munna, Babu Ram and Shamshad, convicts of aforesaid 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 concerned.

Realization of half of the fine is stayed and remaining half of the fine shall be deposited by the appellants within one month from the date of their release on bail.

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