GOMTI Vs. THAKURDAS

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the orders passed by a learned Single Judge of the Allahabad High Court accepting prayer for bail, which has been filed by the respondent Nos.1 to 5, during pendency of the appeals (i.e. CRLA 3876/2002 and 3777/2002) before the High Court. The present appeal is by the complainant alleging that her husband has been killed by the respondents 1 to 5 on 12.9.1998, and the concerned respondents are not entitled to bail.

(3.) All the accused were found guilty and sentenced to imprisonment for life and were convicted in terms of Section 302 read with Section 149, IPC, and other sentences in respect of Sections 148, 201 and Section 3(2) and (5) of the SCST Act. However, they were acquitted of the charges relatable to Section 25 of the Arms Act and Section 120-B, IPC. The respondents 1 to 5 filed Criminal Appeal Nos. 3876 of 2002 and 3777 of 2002 before the High Court. By the impugned orders dated 16.12.2002 and 23.1.2003, the prayer for bail was accepted. In the Criminal Appeal No. 3876 of 2002 the following order was passed.