Raju Ram Kewat and Anr. vs State of U.P.

We have heard Shri Ramanand Pandey, learned counsel for the appellant No. 1, namely, Raja Ram Kewat and learned AGA on the II Bail application.

The deceased was the uncle of the appellant and the incident took place over the dispute of roofing thatch. The appellant is in jail since 11799 (more than six years). Presently, the appeals of the year 1981 and 1982 are being decided and there is no possibility of the present appeal being heard in near future. There is nothing to indicate that the appellant has any criminal antecedents. The victim, namely, Kalu was allegedly murdered by the appellant and his brother on a sudden quarrel. The learned counsel for the appellant has relied on the case of Surinder Singh @ Shingara Singh v. State of Punjab, reported in 2005(3) JIC 442 (SC) : JT 2005 (8) SC 157, in support of the bail prayer.

Under the circumstances, the appellant No. 1, namely, Raja Ram Kewat convicted and sentence in ST No. 299/99 (State v. Raja Ram Kewat & Ors.) is ordered to be released on bail during the pendency of the appeal on his executing a personal bond and furnishing two sureties each of Rs. 25,000/ to the satisfaction of CJM Basti.

The amount of fine of Rs. 25,000/ imposed by the lower by the lower Court on the appellant be deposited by him by 8112005.

Let the matter come up on 16112005 to ensure the compliance of this direction of depositing the amount of fine before that date.

The CJM Basti Shall send photocopies of personal and surety bonds, executed and furnished by and on behalf of the appellant to this Court after his execution.