AI Structured Summary
Not yet generated for this judgment
Judgment
Crl.M. (Bail) No.171/2017 in Crl.A. 112/2017
Crl.M. (Bail) No.177/2017 in Crl.A. 116/2017
We have heard Id. counsel for the parties.
Mr. Sumeet Verma, Id. counsel who appears for the appellants in both the cases submits that the prosecution case against both the appellants are identical.
It is submitted that, in-the present case, the: alleged eyewitnesses PW-4, PW-6 and PW-7 are hostile and have not identified the accused persons. It is further submitted that PW-1 identified the accused persons but his testimony is inconsistent and contradictory and the Id. trial Court has given a finding that "some part of the testimony of PW-1 Manish Kumar Aggarwal does not inspire confidence in view of the inconsistencies and contradictions noted therein" (page 21 of the impugned judgment). The contradictions noted were :
(i) PW-1 had stated that it was he who had informed about the alleged incident to PW-2 and PW-3 i.e. brother and uncle of the deceased and he accompanied them to the spot after 10-15 minutes. PW-2 deposed that he himself had reached the spot in order to return PW-1''s motorcycle and seen subsequent part of the alleged incident outside the transport shop of PW-4 (Jeevan Singh Rawat).
(ii) As per the I.O. Jaipal Singh (PW-21), the site plan (Ex.PW21/B) was prepared at the instance of PW-1, whereas PW-1 completely denied this fact.
(iii) As per the rukka (Ex.PW21/A) and as per the I.O. Jaipal Singh (PW-21), statement of PW-1 was recorded at the Hospital whereas PW-1 denied this fact stating that his statement was recorded at the police station.
(iv) PW-1 had stated that he had taken lunch at 3:30/4:00 p.m with the deceased whereas as per the post-mortem report (Ex.PW8/A), the stomach of the deceased was empty.
(v) PW-1 categorically deposed that blood was not oozing out of the wounds of the deceased Bhupender when, they reached the spot within 10-15 minutes. He reiterated that the blood was not oozing out of the body even after lifting his T-shirt or on checking his wounds.
It is also urged by Mr. .Sumeet Verma, Id. counsel for the appellants that there are several other flaws in the prosecution case including non-examination of the alleged eye-witness Pintu Sinha; failure to show the recovered knife (Ex.P-2) for opinion of the post-mortem doctor as to whether it is a weapon of offence and failure to obtain a report of the serologist with regard to the presence of human blood on the knife or any other recovered articles. .
We also find from the nominal rolls dated 2nd February, 2017 in respect of the appellant in Crl. A. No. 112/2017 and dated 8th February, 2017 in respect of the appellant in Crl. A.No. 116/2017 that, as on date, the appellants have undergone over 7 years and 4 months of incarceration.:
In the above noted circumstances, it would appear that the appellants have an arguable case in support of these appeals.
In view of the above, it is directed as follows :
(i) Subject to the appellants furnishing personal bonds in the sum of Rs. 15,000/- with one surety each of the like amount to fence imposed upon the appellants shall remain suspended during the pendency of the appeal.
(ii) Prior to their release, the appellants shall, furnish the addresses as well as the mobile phone number which they would be using and the phone numbers of close relatives to the trial court as well as SHO of Police Station Gandhi Nagar. In case of any change in either their telephone, numbers or addresses, the appellants shall keep the trial court and SHO of Police Station Gandhi Nagar informed of the same.
(iii) During the pendency of the appeal, the appellants shall report at any time during day light hours on the second or fourth Saturday of the months of February and August every year to the SHO of Police Station Gandhi Nagar commencing from 11th February, 2017.
(iv) The appellants will not get in touch with any of the witnesses in the case or the relatives of the deceased.
Nothing herein contained as an expression of opinion on the merits of the rival contentions.
These applications are allowed in the above terms.
Dasti.