Shyam Singh vs State of U.P.

These five bail applications moved by the appellants/applicants relate to same crime and sessions trial numbers, therefore, the same are being disposed of by a common order.

Heard Learned Counsel for the applicants/appellants and learned Additional Government Advocate on these applications moved u/s 389 Cr.P.C. for the purposes of bail in pending appeals.

These five criminal appeals have been preferred by the appellants-namely Shyam Singh, Ram Pal, Nand Ram, Jagteerath, Baljeet, Sabteerath and Lalu against the judgment order dated 23.10.2010 passed by Additional Sessions Judge, F.T.C.-7, District Hardoi in Sessions Trial No. 236 of 2009 relating to Case Crime No. 504 of 2008, Police Station Behta Gokul, District Hardoi whereby they have been convicted under Sections 147, 148, 149, 302, 307, 504 IPC and have been sentenced for maximum term of life imprisonment with fine stipulation.

It is a case where the incident had taken place on 30.10.2008 at 6.30 pm. wherein the allegations leveled by one Bhavdeeshwar Yadav against accused persons that the accused-persons who were armed with fire arms had raided the doors of the complainant and had caused injuries upon Brijendra and in the incident complainant has also received firearm injuries. The F.I.R. is silent with respect to any injury caused by the complainant''s party on the accused persons.

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

As it comes out that even one of the accused namely Shyamu Singh has received six injuries in the alleged incident.

Admittedly, as it comes out from the judgment of the court below that it was a case of free fight wherein accused-persons also received injuries and since there was mob from both the sides and free fight was there and firearms were being used upon each other, as such, both the sides have received injuries.

Argument advanced by the Learned Counsel for the applicants/appellants is that since it has not come either in the F.I.R. or in the statements of the witnesses that who caused injuries by fire arm upon the person of the deceased-Brijendra. 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 appeals are of the year 2010 and early disposal is the fundamental right of the appellants and there is no likelihood of the same being heard and decided in near future.

In view of the above, we find it a fit case for bail.

Let appellants-Shyam Singh, Ram Pal, Nand Ram, Jagteerath, Baljeet, Sabteerath and Lalu convicts of aforesaid Sessions Trial Number be enlarged on bail on their furnishing personal bonds 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/applicants within one month from the date of their release on bail.

Court below is further directed to transmit to this Court photocopies of bonds and sureties filed by the appellants/applicants to be preserved in the record maintained here.