BHAGWANLAL AND ORS. Vs. STATE OF C.G.

JUDGEMENT

(1.) I.A. Nos. 3, 4, 5, 7, 8, 9 & 10/2015 have been filed for grant of bail to the Appellants in their respective appeals against their conviction for life under Sections 302/147/148/149 and other provisions of IPC dated 10.2.2015 ordered by the Special Sessions Judge, Janjgir-Champa in Sessions Trial No. 40/06 arising out of Crime No. 457/2004 registered at police Station Pamgarh, Distt. Janjgir-Champa. The common submission on behalf of the Appellants is that they are alleged to have been members of a mob consisting over 200 - 250 persons, some of them are alleged to have been exhorting, some set fire to vehicles and vandalized the shop but there is no allegation specifically with regard to any of the Appellants for having assaulted the deceased. They are similarly situated as Appellants Dev Kumar and Daya Krishna granted bail on 20.4.2015. They were also named in the First Information Report and presence corroborated by Bheem Singh, PW-9, Vishnu Tiwari, PW-10, Santosh Singh, PW-13 and Sanoj Kumar Paswan, PW-20. Only Vijay Soni, PW-12 did not name them in his deposition. The Appellants are therefore similarly situated and are entitled to the same benefit as all of them together including those granted bail had remained on bail through out the trial with no allegations for misuse.

(2.) Learned Counsel for the State opposing the bail submitted that the two were granted bail on the ground that Vijay Soni, PW-12 has not named them. Some of the present Appellants vandalized the shop, set vehicles on fire. Their cases are therefore distinguishable from those granted bail.

(3.) We have considered the submissions on behalf of the parties. In view of the fact that the Appellants are said to have been members of a mob of approximately 200-250 persons, there being no specific allegations of assault by them on the deceased, the accusations being omnibus, the present Appellants are granted bail for like reasons as discussed in the order dated 20.4.2015 I.A. Nos. 3, 4, 5, 7, 8, 9 & 10/2015 are allowed. It is directed that jail sentence imposed upon the respective Appellants in their respective appeals shall remain suspended during pendency of these appeals and they shall be released on bail on furnishing a personal bond in the sum of Rs. 20,000 with two sureties each in the like sum to the satisfaction of the Trial Court concerned. Personal appearance is dispensed with.