Court No. - 4
Case :- CRIMINAL APPEAL No. - 3639 of 2018 Appellant :- Pati Ram And 4 Others Respondent :- State Of U.P.
Counsel for Appellant :- Prakash Chandra Srivastava,Suresh Kumar,Vishnu Prakash Counsel for Respondent :- G.A.,Amit Kumar Chauhan
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the appellants, learned A.G.A. for the State, Sri Amit Kumar Chauhan, learned counsel for the informant and perused the judgement and order dated 14.06.2018 passed by Additional Sessions Judge, Court No. 8, Azamgarh in S.T. No. 381 of 2011 (State Vs. Pati Ram and others) by which the applicants/appellants have been convicted and sentenced to imprisonment for life and a fine of Rs. 10,000/- each and in case of default in payment of fine, six months additional imprisonment each u/s 302 r/w 149 I.P.C., six months imprisonment each u/s 323 r/w 147 I.P.C., two years imprisonment each u/s 147 I.P.C., two years imprisonment each u/s 148 I.P.C. Applicant/appellant no. 1, Pati Ram has also been convicted and sentenced to three years imprisonment and a fine of Rs. 2000/- and in case of default in payment of fine, three months additional imprisonment u/s 27 of Arms Act. In S.T. No. 382 of 2011, State Vs. Pati Ram, Case Crime No. 463 of 2010, he has been convicted and sentenced to three years imprisonment and a fine of Rs. 1000/- and in case of default in payment of fine, three months additional imprisonment u/s 3/25 Arms Act. All the sentences have been directed to run concurrently. The applicants/appellants are seeking enlargement on bail during the pendency of this appeal before the Court.
It is submitted by the learned counsel for the appellants that as per the prosecution case as spelt out in the F.I.R. and later testified by the witnesses of fact produced by the prosecution during the trial, the role of causing firearm injury to the deceased has been attributed to applicant/appellant no. 1, Pati Ram from whom recovery of the crime weapon was also made. As regards the other applicants/appellants, general role of beating the deceased and exhortation has been assigned to them. It is next submitted that the role of the applicant/appellant no. 1, Pati Ram is clearly distinguishable from that of the other appellants who were on bail during the trial. It is further submitted that there is no instance of abuse of liberty of bail by them. Since there is no likelihood of this appeal being heard in near future due to heavy backlog of pending criminal appeals before this Court, the applicants/appellants are entitled to be released on bail during the pendency of this appeal.
Learned A.G.A. and Sri Amit Kumar Chauhan, learned counsel for the informant have vehemently opposed the prayer for bail. However, they have not disputed the fact that the role of exhortation and causing injuries to two other persons present in the case have been attributed to applicant/appellant no. 1, Pati Ram.
After considering the submissions advanced by learned counsel for the applicants/appellants and without expressing any opinion on the merits of the case, this Court is of the view that the applicants/appellant nos. 2 to 5 are entitled to be enlarged on bail during the pendency of this trial.
Let the applicant/appellant nos. 2 to 5 namely Jairam, Surendra, Sriram and Shivchand be released on bail on their executing personal bonds and furnishing two sureties each in the like amount to the satisfaction of the Court concerned in S.T. No. 381 of 2011 (State Vs. Pati Ram and others) arising out of Case Crime No. 563 of 2010, under Sections 147, 148, 149, 302 and 323 I.P.C. read with Section 25/27 Arms Act, P.S.- Jiyanpur, District- Azamgarh.
As far as applicant/appellant no. 1, Pati Ram is concerned, his bail application is accordingly rejected.
Qua applicant/appellant nos. 2 to 5, it is further directed that recovery of 50% of fine from them shall remain stayed.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Let the paper book be prepared.
List this appeal for hearing in due course.
Order Date :- 24.8.2018 Rahul.