Krishna Singh and Others vs State of Uttarakhand

Prafulla C. Pant, J.—Sri M.S. Pal, Sr. Advocate assisted by Sri Deepak Bisht, Advocate present for the appellants.

Sri S.S. Adhikari, AGA present for the State/respondent.

Heard on the bail application of the appellants Krishna Singh, Deewan Singh and Yogesh Singh.

The impugned order dated 19.08.2010 passed by the learned Sessions Judge, Nainital in sessions trial No. 90 of 2006 shows that appellants Krishna Singh, Yogesh Singh, Deewan Singh, Suresh Singh and Puran Singh were convicted u/s 302 IPC read with Section 149 IPC, and each one of them was sentenced to imprisonment for life and also directed to pay fine of Rs.10,000/-. They were further convicted u/s 148, 324 IPC, and awarded rigorous imprisonment for a period of two years u/s 148 and rigorous imprisonment for a period of further two years u/s 324/149 IPC.

Appellants Suresh Singh and Puran Singh were granted bail by this Court vide its order dated 27.08.2010 for the period of pendency of the appeal. The application of the remaining three appellants was directed to be heard after the lower court record is received. Now, lower court record has been received.

We have considered the submissions of the learned Counsel for the parties and perused the lower court record. Appellants were on bail during trial. Learned Counsel for the appellants submitted that it is not clear as which of the appellants caused fatal injury.

Having considered the submissions of the learned Counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, we are of the view that appellants Krishna Singh, Deewan Singh and Yogesh Singh also deserves bail. Let the appellants Krishna Singh, Deewan Singh and Yogesh Singh be also released on bail, during the pendency of this appeal, on execution of a personal bond by each one of them and furnishing two sureties for each one of them, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Nainital.