Court No. - 51
Case :- CRIMINAL APPEAL No. - 3108 of 2018 Appellant :- Dadhibl Ram And Another Respondent :- State Of U.P.
Counsel for Appellant :- Babu Nandan Singh,Ram Babu Sharma,Virendra Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Counter affidavit filed by the State, is taken on record.
Heard Sri Ram Babu and Sri Virendra Singh, learned counsel for the appellants and learned A.G.A. for the State. There are two appellants in the present case, namely Dadhibal Ram and Mangal Dev.
The contention raised on behalf of the counsel for the appellants is to the effect that their name crept-up after 7 months of the incident in the statement under section 161 Cr.P.C. on the basis that they were discussing the incident at a tea shop located 12 kilometres away from the place of occurrence. The further contention is that they were on bail during trial which liberty has never been misused or abused by them and the appellants have no previous criminal history; there in no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed. As far as the main shooter is concerned and he has already done to death in the police encounter. The charge under section 120B IPC is not made out against the co-accused Sabhajeet Tiwari who died in the course of investigation and it has come in the judgment of the Trial Court that Sabhajeet Tiwari may be responsible for conspiracy but the persons who were actual assailants of the case and made the plan died, therefore the appellants have been acquitted under section 120-B IPC.
Learned A.G.A. has opposed the prayer for bail.
In view of the aforesaid discussion, let the appellants- Dadhibal Ram and Mangal Dev convicted and sentenced in S.T. No.127 of 1996 State vs. Dadhibal Ram and another arising out of Case Crime No. 50 of 1994 under sections 302/109, 120-B IPC and Sections 3(2) (5) SC/ST (Prevention of Atrocities) Act, Police Station Kaptanganj, District Azamgarh connected with Sessions Trial No. 486 of 1996 State vs. Mangal Devi arising out of Case Crime No. 50 of 1994 under section 302/109, 120-B IPC and Section 3(2)(5) SC/ST (Prevention of Atrocities) Act, Police Station Kaptaganj, District Azamgarh, 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.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Fine as imposed shall be deposited by the appellants within a period of one month from the date of their release. In case of default in depositing the fine within the aforesaid period, the same shall be recovered in accordance with law. The recovery of balance amount of fine will remain stayed during the pendency of this appeal.
Order Date :- 17.9.2018 Swati