Suresh Pal and Others vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellants and the learned A.G.A. for the State.

Admit.

Summon the lower Court record.

A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 22.3.2011, passed by Additional Sessions Judge, Fast Track Court No. 1, Baghpat, in Session Trial No. 491 of 2001, State v. Brahm Singh and Ors. arising out of case crime No. 16-A of 2001, under Sections 147, 148, 323/149, 324/149, 504 IPC, P.S. Chhaprauli, District Baghpat, convicting and sentencing the Appellants u/s 147 IPC for one year imprisonment each, u/s 148 IPC for one year imprisonment each, u/s 323/149 IPC for one year rigorous imprisonment with a fine of Rs. 500/- each, u/s 324/149 IPC for three years imprisonment with a fine of Rs. 500/- each and u/s 504 IPC for one year imprisonment each.

According to the prosecution case the Appellants who were armed with lathi, ballam, bhala and country made pistols came and started assaulting the complainant and other persons who were at the tube well. The said incident had occurred at 3:00 pm on 13.2.2001 and the first information report of the said incident had lodged at 4:45 pm on the same day. One person who had sustained fatal injuries namely Tej Singh had died while he was taken to the hospital. Besides the deceased three persons also sustained injuries who were examined on the same day.

It is contended by the learned Counsel for the Appellants, that initially the case was registered under Sections 147, 148, 149, 323, 324, 307, 504, 302 IPC. The charge was framed against the Appellants u/s 147, 148, 324/149, 307/149, 302/149 IPC. The Appellants had been acquitted from the charge under Sections 302/149, 307/149 IPC and they have been convicted under Sections 147, 148, 323/149, 324/149, 504 IPC. Considering the role of the Appellants the maximum sentence of three years has been awarded to the Appellants u/s 324/149 IPC and the lesser sentence for other offence.

It has further been contended that the Appellants'' side had also sustained injuries and there is a cross case in which the complainant''s side have also been convicted. The Appellants were on bail during the trial and they had never misused the liberty of bail. There is no likelihood of early hearing of the appeal in near future. In case, they are enlarged on bail, they will not misuse the liberty of bail. Now they are on interim bail after their conviction i.e. 22.3.2011.

Per contra the learned AGA opposed the prayer of bail of the Appellants and supported the judgment of the trial Court.

Having considered the submissions made by the learned Counsel for the Appellants as well as the learned AGA and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the prayer for bail of the Appellants is allowed.

Let the Appellants, Suresh Pal, Brahm Singh, Indra Pal and Pramod, convicted and sentenced in Session Trial No. 491 of 2001, State v. Brahm Singh and Ors. arising out of case crime No. 16-A of 2001, under Sections 147, 148, 323/149, 324/149, 504 IPC, P.S. Chhaprauli, District Baghpat, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.

Before parting with this order it is necessary to point out that in the present case one person had died and three persons had sustained injuries, but the trial Court had acquitted the accused Appellants from the charge of Sections 302/149, 307/149 IPC on the basis of some casual remarks about the evidence lead by the prosecution. This Court cannot appreciate such type of approach of the Court below.

This Court in exercise of power u/s 386(c) Code of Criminal Procedure directing that the notices be issued to the Appellants to appear before this Court on 30th may, 2011, as to why the sentence awarded against them may not be enhanced.