Soran Singh and Another vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellants and learned A.G.A. for the State. Admit.

Summon the lower court record.

A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 11.4.2011, passed by Special Judge, (D.A.A.), Court No. 5, Etah, in Session Trial No. 118 of 2000 State v. Soran Singh and Anr. arising out of case crime No. 272 of 2000, u/s 393, 397 IPC, P.S. Kotwali Dehat, District Etah, convicting and sentencing the Appellants to undergo seven years rigorous with a fine of Rs. 200/- each, with default stipulation.

Initially a first information report was registered against four persons, with the allegation that at on 5.8.2000 at about 9:00 pm, the complainant and his brother Ganga Ram who were accompanied with Dayaram and Chandrapal on their bicycle, they were intercepted by the aforesaid accused persons and they tried to snatch the bicycle of the nephew of the complainant, Charan Singh and on his resistance, one person had fired upon the nephew of the complainant who had sustained injuries over his abdomen. Two persons were arrested on the spot namely Ashok and Soran Singh, whereas the other two persons managed to escape.

It is contended by the learned Counsel for the Appellants that, during the trial one accused person Prakash had died and the other accused Moharpal alias Moya had been acquitted from the charge of Section 393, 397 IPC. In the statements recorded before the trial court, P.W.1 had stated that some other person had fired at the injured P.W.3, therefore, no specific role has been attributed to the Appellants who were allegedly arrested at the spot. Nothing has been recovered from their possession. There is no allegation of snatching of bicycle and no case under Sections 393, 397 IPC has been made out and the Appellants have been convicted for seven years with a fine of Rs. 200/- each.

Per contra the learned AGA has opposed the prayer of bail of the Appellant and submitted that the Appellants were arrested at the spot and as such there is active participation of the Appellants in the commission of aforesaid offence. Therefore, the Appellants do not deserve to be enlarged on bail Having considered the submissions made by the learned Counsel for the Appellant as well as the learned AGA and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the prayer for bail of the Appellants is allowed.

Let the Appellants, Soran Singh and Ashok, convicted and sentenced in Session Trial No. 118 of 2000 State v. Soran Singh and Anr., arising out of case crime No. 272 of 2000, u/s 393, 397 IPC, P.S. Kotwali Dehat, District Etah, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.