JAIVIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS 2nd bail application on behalf of appellant-accused Jaivir Singh has been moved in Crl. Appeal No. 6794 of 2007, which has been preferred against the judgment and order dated 21. 09. 2007 passed by 1st Additional Sessions Judge J. P. Nagar, in S. T. No. 310 of 2002 (State vs. Jaivir Singh and others), whereby the appellant-accused Jaivir Singh has been convicted and sentenced under section 302 IPC and 25 Arms Act. By the same judgment, the accused Deshraj, Yograj, and Bhupendra were also convicted and sentenced under sections 147, 148, and 302/149 IPC.

(2.) 1st bail of the applicant Jaivir Singh was rejected by order dated 18. 01. 2008 passed in aforesaid criminal appeal by the Division Bench in which one of us (Vijay Kumar Verma,j) was a member. However, the appellants-accused Desh Raj, Yograj and Bhupendra were admitted to bail.

(3.) THE allegations made in the First Information Report lodged by the complainant Khacheru Singh on 02. 05. 2002 at 6. 30 p. m. at P. S. Naugawan Sadat, District J. P. Nagar, in brief, are that the accused persons namely, Jaivir Singh, Munesh, Deshraj, Yograj and Bhupendra Singh forming an unlawful assembly on 02. 05. 2002 at 4. 30 p. m. committed the murder of his son Mahak Singh. The role of firing the shot on the deceased was assigned to the applicant-accused Jaivir Singh and on this ground his bail was rejected vide order mentioned herein-above.