Salik Ram vs State of U.P.

Heard learned Counsel for Appellant and learned Additional Government Advocate.

The Appellant has been convicted by learned Additional District and Sessions Judge/Fast Track Court No. 2, Hardoi vide judgment and order dated 11.11.2009 passed in Sessions Trial No. 224 of 1996 convicting the Appellant under Sections 302/34, 364 and 201 Indian Penal Code and sentencing him for the maximum term of life imprisonment with fine.

It is admitted to the learned Counsel for the parties that the case rests on circumstantial evidence.

Learned Counsel for the Appellant at the very outset submitted that the prosecution has not suggested any motive for the Appellant to have committed the murder. He has also taken us through the prosecution evidence and has argued that the chain of circumstances led by the prosecution is not complete and the evidence on record does not unerringly establish that the circumstances proved lead to one and the only conclusion towards the guilt of the accused. He, thus, argued that in the facts and circumstances of the case, the Appellant is entitled to be enlarged on bail during pendency of the appeal.

Learned Additional Government Advocate could not argue anything to rebut the submissions of the learned Counsel for the Appellant.

Having gone through the prosecution evidence and having given our anxious consideration to the entire facts and circumstances of the case, we are of the view that the Appellant may be enlarged on bail.

Let Appellant Salik Ram, convict of above mentioned Sessions Trial be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Hardoi.

Realization of half of the fine is stayed. Remaining half fine shall be deposited by the Appellant within one month from the date of his release on bail.

Learned Magistrate shall transmit to this Court photo copies of the bail and surety bonds furnished by the Appellant to be preserved in the appeal.