Hon'ble Subhash Chandra Sharma,J.
These two bail applications accompanying with the instant criminal appeals have been filed by Sheshnath @ Babloo-appellant in criminal appeal no. 2483 of 2019 and Dharmendra Kumar Chaubey- appellant/applicant in Criminal appeal no. 2446 of 2019 with a prayer to enlarge them on bail during the pendency of these appeals before this Court, hence they have been heard together and are being disposed of by this common order.
Heard learned counsel for the appellants/applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the appellants/applicants submits that appellants/applicants have been convicted under Section 307/34 of I.P.C. read with Section 3(2)(5) of S.C./S.T. Act and have been awarded sentence of life imprisonment with fine. They have also been convicted under Sections 504 & 506 of I.P.C. It has further been submitted that First Information Report has been lodged against four persons including appellants/applicants. During investigation, the involvement of two named persons, namely, Premnath @ Dabloo and Ashok Kumar have been found false. Charge-sheet was submitted only against the appellants/applicants. Lathi has been shown in the hands of Sheshnath @ Babloo and country made pistol has been shown in the hands of appellant/applicant Dharmendra Kumar Chaubey. As per medical report, seven injuries were found on the person of injured Smt. Urmila Devi. Out of which, injury no.1 is said to be caused by fire arm, which was found on right thigh of injured. Injuries were kept under observation and X-ray was advised. X-ray report has not been proved as per law. It has further been submitted that the injury of Deep Chandra is not duly proved. Injuries of injured are not fatal to life. Fire arm injuries are not on vital part of body. The appellants/applicants have been falsely implicated in this case. During trial, the appellants/applicants were on bail. Now the appellant/applicant Sheshnath @ Babloo is in jail since 12.03.2018 and appellant/applicant Dharmendra Kumar Chaubey is in jail since 12.03.2019. There is no likelihood of early hearing of the appeal in near future.
Per contra, learned AGA opposed the prayer for bail and supported the trial court's judgement.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, we are of the opinion that the appellants/applicants have made out a case for bail.
Let the appellants/applicants Sheshnath @ Babloo and Dharmendra Kumar Chaubey convicted and sentenced in S.S.T. No. 14 of 2006, under Section 307/34 of I.P.C. read with Section 3(2)(5) of S.C./S.T. Act, Police Station-Walterganj, District-Basti be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.
The appellants/applicants shall deposit half of the fine within a period of one month from the date of their release from jail and the remaining half of the fine shall remain stayed during pendency of the appeal. In the event of failure to deposit the fine, they shall be taken into custody and sent to jail. They shall be released as soon as the amount is deposited by them.
Lower court's record has been received. Office is directed to prepare paper book within 45 days from today.
List thereafter the appeals for final hearing on its turn.
Order Date :- 11.1.2021 OP