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Rama Kant @ Mithilesh & Others v. State Of U.P. - CRIMINAL APPEAL No. 2171 of 2003 [2006] RD-AH 8444 (26 April 2006)


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Hon. Mukteshwar Prasad, J.

Hon. (Mrs.) Saroj Bala, J.

Heard learned counsel for the appellants and the learned AGA for the State. We have gone through the judgment under appeal and have also gone through the record.

Admittedly, appellant no. 1 Rama Kant alias Mithilesh, was bailed out on 19.1.2004.

It is contended on behalf of the appellant nos. 2 to 6 that they are in jail since long and they may be released on bail in view of the decision of the Apex Court in the case of Surinder Singh alias Shingara Singh Vs. State of Punjab reported in 2005 (3) JIC 442 (SC). It is also contended that the appellants have no enmity with Shri Pal and Ram Sanehi and there was no proper source of light for proper identification. On the other hand, the prayer for bail is opposed on the ground that three persons were killed as a result of indiscriminate firing by the appellants and it was moon-lit night. The appellants were convicted and sentenced on 28.4.2003 and since then three years have elapsed.

In view of the detention of the appellants in jail for more than five years and there is no chance of appeal being heard in near future but without expressing any opinion on the merits of the case, we are inclined to release the appellants on bail.

Let the appellant nos. 2 to 6, namely, Uma Kant alias Majhle, Vijai Kant Mishra, Ajay Kant Mishra sons of Sri Kamta Prasad Mishra, Arunoday Kumar Mishra alias Neeraj alias Arunesh son of Rama Kant Mishra and Ashok Kumar Pandey alias Munna son of  Ram Sewak Pandey, be enlarged on bail during pendency of appeal on their executing   a personal bond and furnishing two sureties, each in the like amount to the satisfaction of  C.J.M., Shahjahanpur in S.T. No. 1269 of 2000 (State Vs. Rama Kant alias Mithilesh and  others ) and S.T.No. 1270 of 2000 (State Versus Arunesh Kumar alias Neeraj Kumar Mishra) provided each of the appellants deposits a sum of Rs.10,000/- in the court concerned  within a period of two months from today. The recovery of remaining amount of fine shall remain stayed during pendency of appeal.

The Chief Judicial Magistrate will send photocopies of the bail bonds to the Court immediately.




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