Veer Singh vs State of U.P.

Heard Sri Devendra Saini, learned Counsel for the appellant-Veer Singh, Sri M.A. Zaidi, learned Counsel for the appellant-Sher Pal, learned A.G.A. for the State and perused the trial court judgment and record.

Prayer for bail in the appeals preferred by appellants Veer Singh and Sher Pal are being considered and disposed of by means of a common order.

It is argued by the learned Counsel for the appellant-Veer Singh that the co-accused Sumant and Ganga Ram have already been granted bail by earlier orders of this Court in separate appeals preferred by them. Specific role of stabbing the deceased-Prithvi Singh with spear has been assigned to Sher Pal. The other appellant Veer Singh is said to have caused injury to Trilok with spear. There is a solitary spear injury found on the person of the deceased.

Learned Counsel for the appellant-Sher Pal contended that the alleged dispute between the parties took place in the previous night and the parties had compromised their dispute. There was no occasion for this crime to have been committed the next morning at 6:30 a.m. The description of the weapon, which was got recovered, is said to be of larger size and could not have caused the penetrating wound of size 2 cm. x 1 cm. in the stomach of the deceased.

Learned A.G.A., however, argued that as there are injured witnesses also, there is little reason to disbelieve this version. The incident took place in the morning and the report was promptly lodged at 7:45 a.m.

Having considered the submissions made by learned Counsel for the parties and without expressing any opinion on the merits of the case, we are of the view that appellant Veer Singh may be granted bail, but appellant Sher Pal has not made out a case for bail.

Hence, the prayer for bail of appellant Sher Pal is refused.

Let appellant Veer Singh, convicted and sentenced by judgment and order dated 3.11.2009 passed by Additional Sessions Judge, Room No. 12, Bulandshahar in Sessions Trial No. 562 of 2006 (State v. Sumant and Ors.) arising out of case crime No. 345 of 2005, under Sections 302, 307, 325, 504, 506 I.P.C., PS Gulawthi, District Bulandshahar, 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.