Sunil Alias Sewak vs State of U.P.

Since both the appeals are arising out of the judgment and order dated 9.3.2010, passed by Additional Sessions Judge, Court No. 16, Allahabad, convicting and sentencing the Appellants in Session Trial No. 349 of 2007, arising out of case crime No. 203 of 2006, under Sections 302/34, 436/34 IPC and 7 Criminal Law Amendment Act, P.S. George Town, District Allahabad, therefore, the prayer for bail in these appeals is being disposed of by means of a common order.

Heard Shri B. K. Tripathi, the learned Counsel for the Appellant appearing for the Appellant Sunil alias Sewak, Shri A. K. Awasthy and Shri Imran Ibrahim, holding the brief of Shri Manish Tewary, the learned Counsels for the complainant and the learned AGA for the State and perused the record.

In spite of notice dated 1.2.2011 being given by the learned Counsel Shri B. K. Tripathi to counsel in Criminal Appeal No. 1646 of 2010, as per the directions given at the top of our list, his clerk Shri A. K. Mishra has made an endorsement that the learned Counsel for the Appellants appearing in the connected appeal No. 1646 of 2010 refused to receive the said notice. We severely deprecate this kind of malpractice. The said notice dated 1.2.2011 with the clerk''s endorsement is taken on record. As per the practice of this Court mentioned on our list, we propose to pass orders on the bail applications on behalf of all the Appellants in these criminal appeals.

It is submitted by the learned Counsel for the Appellant, that the role of firing on the deceased Shashi Verma with country made pistols was assigned to the Appellants Rajesh Sonker alias Rajesh Kana and Mangal alias Mangala Sonker.

It is further submitted that only the role of exhortation has been assigned to the Appellant Sunil alias Sewak. It is further submitted that the deceased was having a criminal history and was having different enemies, any of whom may have eliminated him. The Appellant Sunil alias Sewak is the landlord of the said house in which the deceased was a tenant. The other accused persons who have been assigned the main role had enmity for different reasons with the deceased and as such Sunil alias Sewak is unlikely join hands with them in this crime.

The learned AGA on the other hand argued that the main role of firing was assigned to Rajesh Sonker alias Rajesh Kana and Mangal alias Mangala Sonker and the role of exhortation has been assigned to the Appellant Sunil alias Sewak. Therefore, looking to the seriousness of the offence, the Appellants do not deserve to be enlarged on bail.

Considering the facts and submissions made by the learned Counsel for the parties, that since the role of firing has been assigned to Rajesh Sonker alias Rajesh Kana and Mangal alias Mangala Sonker, we are not inclined to release the Appellants Rajesh Sonker alias Rajesh Kana and Mangal alias Mangala Sonker, their prayer for bail is therefore rejected. However, we are of the view that at this stage it is a fit case for grant of bail to the Appellant Sunil alias Sewak.

Without expressing any opinion on the merits of the case, let the Appellant, Sunil alias Sewak in Session Trial No. 349 of 2007, arising out of case crime No. 203 of 2006, under Sections 302/34, 436/34 IPC and 7 Criminal Law Amendment Act, P.S. George Town, District Allahabad, 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. The hearing of the appeals are expedited. Office to prepare books in 3 months and to list the appeals for hearing.