Nadeem and Others vs State of U.P.

(Criminal Misc. application No. 62143 of 2010) 1. Heard learned Counsel for the appellants as well as learned Additional Government Advocate with respect to prayer for bail in pending appeal. This appeal has been preferred by the appellants against the Judgment and order dated 11.06.2010 passed by learned Additional Sessions Judge, FTC No. 28, Barabanki in Sessions Trial No. 428 of 2000 whereby the appellant, namely, Nadeem, Naeem and Zakir have been convicted under Sections 147, 323/149 & 302/149 IPC and sentenced for a maximum term of life imprisonment with fine stipulation.

We have gone through the judgment of the court below as well as lower court record including statements of witnesses and post mortem report of the deceased Gaya Prasad.

It comes out that the incident had taken place on 06.05.2000 at about 05.00 pm wherein five named accused persons and other ten unknown persons waylaid Gaya Prasad and Mulchand and inflicted Lathi blows upon them in which Gaya Prasad after receiving lathi blows succumbed to the injuries on 07.05.2000 at about 07.25 am. It has been submitted by learned Counsel for the appellants that out of 15-persons, who have been tried, two died leaving behind 13-persons and out of them only appellants have been convicted. Rest of the accused persons have been acquitted mainly on the ground that they were not named in the FIR with respect to the commission of the crime. It has also been argued that at no point of time there is any evidence on record so as to get the appellants convicted u/s 302 IPC and the conviction of the appellants has been made only with the aid of Section 149 IPC and the case does not travel beyond that. We while going through the post mortem report find that deceased Gaya Prasad had received six injuries upon his person and he died due to culminating effect of the injuries received on his body.

It has further been submitted that appellants were on bail during trial and they did not misuse the liberty of bail granted to them. It has also been submitted that the appeal will take considerable long time for reaching on its logical conclusion.

There seems to be some force in the argument of learned Counsel for the appellant.

Taking into consideration overall aspects of the matter and without commenting any further on merit of the case, we find it a fit case for bail. Let appellants, namely, Nadeem, Naeem and Zakir, convicts of aforesaid sessions trial, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Barabanki.

Realisation 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.

The court below is directed to transmit to this Court forthwith photocopies of bond and sureties filed by appellants to be preserved in the record maintained here.