SIROMANI SINGH Vs. STATE OF MP

JUDGEMENT

(1.) HEARD the learned counsel on both the sides and perused the case diary. The applicant, Siromani Singh alias Surjeet alias Pappu Yadav, has been arrested in Crime No. 7 of 1996 under section 302/34 of the Indian Penal Code.

(2.) THE prima facie facts as they appear in the case diary are indicative of the fact that this applicant alongwith two other associates namely, co accused persons Bramhajeet and Omkar had committed murder of one Karan Singh. The main accused appears to be Brahmajeet, who was charged for the offence under section 302, IPC while the other one Omkar was charged under section 302/34 of the Indian Penal Code. They both were separately tried in Sessions Trial No. 223/96 and were acquitted by the Sessions Judge, Bhind on 3.12.97. This applicant was shown to have absconded. Be that as it may, the fact remains that now he happens to have been arrested. The learned Dy. Govt Advocate submits that no appeal was filed against the judgment of acquittal passed in favour of the other two associates of the applicant, meaning thereby that the said judgment of the Sessions Court has become final. The evidence On record is prima facie the same against this applicant and against those acquitted accused persons. Thus, I find substance in the submissions made by the learned counsel for the applicant and this application deserves to be allowed. The application is, therefore, allowed and the applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs. 40,000/ with two solvent sureties in the sum of Rs. 20,000/ each to the satisfaction of the Chief Judicial Magistrate, Bhind. Certified copy as per rules.