Rasool and Others vs State of U.P

Crl. Misc. Application No. 37677 (B) of 2010.

This is an application for bail preferred along with the instant appeal.

Heard learned Counsel for the appellants and the learned Additional Government Advocate.

The instant criminal appeal has been preferred by appellants Rasool, Jhalari and Mangare against judgment and order dated 25.03.2010 passed by the learned Special/Additional Sessions Judge (SC/ST Act), Bahraich in Sessions Trial No. 23 of 2003 whereby they have been convicted under Sections 147, 504, 506, 304/149 IPC; amongst other sections of the IPC, the appellants have been convicted under Sections 3(2)(5) SC/ST Act and sentenced for maximum term of life imprisonment with fine stipulation.

We have gone through the judgment and record of lower court.

It comes out that on 02.12.2002 one Munni Lal went to the appellants to fetch his labour amount; he was dealt with by Lathi, Danda, kick and fists; he came back to his house and died on 09.12.2002; and postmortem report indicates that deceased-Munni Lal died to septicemia. We fail to find any internal or external injury in the postmortem report; statement of Doctor, who has been examined as PW-3, is silent on the question as to how Manni Lal died and in his statement it has only come that the deceased has died due to septicemia, which occurs on account of bacterial infection.

It has been argued by the learned Counsel for the appellants that there is no nexus in between showing prosecution story of the commission of the offence u/s 304/149 IPC for the reason that on the body of Munni Lal at the time of conducting postmortem no internal or external injury was found although as per the prosecution story Munni Lal was beaten by Lathi, Danda, kicks and fists. 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 the appeal is of the year 2010 and there is no likelihood of the same being heard and decided in near future.

In view of the above and without commenting any further on merit of the case, we find it a fit case for bail.

Let appellants-Rasool, Jhalari and Mangare, convicts of the 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.