Hon'ble Ashok Kumar Roopanwal,J.
The appellants have been convicted and sentenced to life imprisonment under Sections 147, 302/149 IPC vide judgement and order dated 18.7.2009 passed by the Additional Sessions Judge, Fast Track Court No. 1, Fatehpur in Sessions Trial No. 399 of 2006, Police Station: Bindki, District: Fatehpur.
Heard learned counsel for the appellants as well as learned A.G.A. for the State-respondents and Sri Sharad Kumar Srivastava for the complainant and have perused the record.
The submission of the learned counsel for the appellants is that the conviction of the appellants is based solely on circumstantial evidence. It is submitted that the chain of events are not linked so as to say that the crime was committed by the appellants and the conviction is based solely on surmises and congestures. It is further submitted that the appellants have been on bail during trial proceedings and have never misused the same. It is however submitted that the appellants have been in jail for six months.
Considering the facts and circumstances of this case and keeping in view the submissions of the learned counsel for the appellants and without expressing any opinion on the merits of the case, in our opinion, the appellants are entitled to be enlarged on bail.
Let the appellants, namely, Lohia @ Ram Kumar, Raghuraj, Deshraj, Ram Karan and Ram Narain, be enlarged on bail on their furnishing personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Fatehpur, subject to depositing one half of the amount of fine imposed by the Trial Court. The realisation of remaining amount of fine shall remain stayed during the pendency of the appeal.
Order Date :- 19.1.2010 abHiShEk