Tek Chandra and Others vs State of U.P.

Heard learned Counsel for the Appellants and the learned Additional Government Advocate on these applications for bail moved u/s 389 Code of Criminal Procedure along with pending appeals.

Criminal Appeal No. 2685 of 2010 has been preferred by Appellants-Tek Chandra, Phool Chandra and Uttam Lal, while Criminal Appeal No. 2995 of 2010 has been preferred by Appellant-Awadh Lal against judgment and order dated 28.09.2010 passed by the learned Additional Sessions Judge, Court No. 5, Barabanki in Sessions Trial No. 59 of 2006 whereby they have been convicted under Sections 147, 323/149, 307/149, 452 and 427 IPC and have been sentenced for maximum term of life imprisonment with fine stipulation.

We have gone through the judgment and record of lower court, including injury report of injured, namely, Shanker and Rajaram.

It comes out that the accused persons entered into house of injured while breaking the doors. Accused-Appellants Tek Chandra, Phool Chandra Uttam Lal and Awadh Lal were armed with Lathi whereas accused Amerika was armed with firearm. They wielded their respective weapons on the injured persons due to which they received injuries. On hue and cry raised by the witnesses, accused persons fled away from the spot, leaving Shanker in unconscious condition and Rajaram in injured condition. Shanker had received two injuries, which are of firearm, while Rajaram had received four injuries out of which three injuries are of firearm and one is contusion.

Argument advanced by the learned Counsel for the Appellants is that injured Rajaram and Shanker were examined as PW-3 and PW-4. They have specifically stated that accused-Amerika had fired on them and they after receiving the injuries fell down. Role assigned to the accused-Appellants Tek Chandra, Phool Chandra Uttam Lal and Awadh Lal is only of using Lathi and that too one Lathi injury can be said to have been attributed to these four accused and the same was received by Rajaram on the back of his right shoulder. Since the Appellants used Lathi and only one Lathi injury has been received on the person of injured-Rajaram, as such, sentence awarded to them is too excessive. It is stated that all the four 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 there is no likelihood of the same being heard and decided in near future.

At this juncture, we find that case of Accused-Amerika is quite distinguishable from the case of the present Appellants. Accused Amerika has preferred Criminal Appeal No. 2741 of 2010, but since his learned Counsel states that he does not intend to argue the appeal on the prayer for bail, as such, his bail plea is not being heard/considered.

In the peculiar facts and circumstances of the case, we find it a fit case for bail.

Let Appellants-Tek Chandra, Phool Chandra, Uttam Lal and Awadh Lal, convicts of 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 bonds and sureties filed by the Appellants to be preserved in the record maintained in this Court.