JAGDAMBA PRASAD PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) IN Criminal Appeal No. 26 of 2009 request has been made by Sri N. K. Pandey, Advocate for consideration of prayer for bail. Sri N. K. Pandey, Advocate states that though Criminal Appeal No. 361 of 2009 was also filed by him, but now the file has been taken away from him and he is no more counsel in the said appeal. Since aforementioned two appeals have been filed by the appellants against conviction awarded to them in Sessions Trial No. 121 of 2004, prayer for bail in both the appeals is being considered and decided by this common order. Heard learned counsel for the appellants and learned Additional Government Advocate. We have also gone through the judgment of the court below as well as statements of witnesses and post mortem report of the deceased. These criminal appeals have been preferred against judgment of conviction of three appellants, namely, Jagdamba Prasad Pandey, Patmeshwari Pandey and Bindeshwari Pandey. The appellants have been convicted under Section 302/34 IPC and sentenced to life imprisonment with fine. It is a case where the incident has taken place on 04/05.06.2002 at about 11:30 P. M. wherein one Jagdish Prasad Pandey was done to death after he was fired upon by Bindeshwari Pandey (appellant of Criminal Appeal No. 361 of 2009). It has been stressed by the learned counsel for the appellants that there is only one fire, which has been attributed to appellant Bindeshwari Pandey and the weapons, which have been attributed to Jagdamba Prasad Pandey and Patmeshwari Pandey, have not caused any injury on the person of the deceased or any of the witnesses and they have been convicted under Section 302 IPC with the aid of Section 34 IPC. While going through the statements of the witnesses, we find it a fit case for releasing Jagdamba Prasad Pandey and Patmeshwari Pandey appellants of Criminal Appeal No. 26 of 2009 on bail and who were on bail during the course of trial and did not misuse the library of bail granted to them. Let appellants Jagdamba Prasad Pandey and Patmeshwari Pandey, convict of aforesaid sessions trial number, be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Gonda. Realisation of half of the fine is stayed and remaining half of the fine shall be deposited by appellants Jagdamba Prasad Pandey and Patmeshwari Pandey within one month from the date of their release on bail. The court below is directed to transmit to this Court forthwith photocopies of bond and sureties filed by appellants Jagdamba Prasad Pandey and Patmeshwari Pandey to be preserved in the record maintained here. So far as prayer for bail of Bindeshwari Pandey appellant of Criminal Appeal No. 361 of 2009 is concerned, since specific allegation of firing upon the deceased, which proved to be fatal, has been assigned to him, as such, his prayer for bail is rejected.