Pawan Singh and Another vs State of U.P.

Heard learned Counsel for the Appellants and the learned A.G.A. for the State and perused the lower Court''s record.

These six appeals have been preferred against the judgment and order dated 21.6.2010 in which Prayer for bail has been made on behalf of the Appellants Pawan Singh, Pappo Singh alias Yogendra Bahadur Singh,Lalta, Lalau, Vikram, Chanu alias Guru Charan and Ram Khelawan who have been convicted by Addl. Sessions Judge, Basti District Basti in S.T. No. 71 of 2007 (State v. Pawan Singh and Ors.) under Sections 147, 302/149 and 323/149 IPC and sentenced them for six months RI, life imprisonment with a fine of Rs. 5,000/- and six months RI respectively with default stipulation.

It is submitted by learned Counsel for the Appellants that there were cross case and both the parties have sustained injuries. All the allegations are made against seven accused persons that they assaulted the deceased Mohan and Jagram. The specific role of assaulting two deceased, namely, Mohan and Jagram has been assigned to the Appellants Pappu Singh and Lalta. The post mortem report corroborates the prosecution case regarding the actual assault.

On the other hand, learned AGA opposing the prayer for bail submitted that there is sufficient evidence against the Appellants and the Sessions Judge has rightly convicted the Appellants. Considering the respective submissions of learned Counsel for the parties, facts and circumstances of the case and without commenting upon the merits of the case in our opinion that the prayer of bail of Appellants Pappu Singh and Lalta are liable to be rejected. Hence the prayer of bail of Appellants Pappu Singh and Lalta is hereby rejected.

So far as the prayer of bail of remaining Appellants are concerned, we are of the opinion that the Appellants Pawan Singh, Chanu, Vikram, Ram Khelawan and Lalau are entitled to be released on bail.

Pending appeal, Appellants Pawan Singh, Chanu, Vikram, Ram Khelawan and Lalau convicted in S.T. No. 71/2007 shall be released on bail on their executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of the Court concerned.

Till further orders, realization of fine with regard to Appellants Pawan Singh, Chanu, Vikram, Ram Khelawan and Lalau, shall also remain stayed.