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2009 DIGILAW 703 (ALL)

POPPAL v. STATE OF U P

2009-03-03

SHIV CHARAN SHARMA, VIJAY KUMAR VERMA

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( 1 ) LEARNED AGA has filed objection, which be taken on record. ( 2 ) HEARD learned counsel for the appellant Sri Shailendra Singh Advocate and learned AGA for the State on the prayer of bail of the appellant Poppal, who has been convicted and sentenced by the judgment and order dated 31. 05. 2008 passed by Additional Sessions Judge/fast Track Court No. 1 Fatehpur, in S. T. No. 616 of 2003 (State vs. Heera Lal and another), under sections147, 148, 307/149, 302/149 IPC and connected S. T. Nos. 143 of 2006, 617 of 2003 and 618 of 2003, under section 25 Arms Act, P. S. Asothar, District Fatehpur and perused the entire material on record. Learned counsel for the appellant argued that as per averments of the prosecution witness and the statement of the deceased Gyan Singh, Umar Kewat opened fire and caused fatal injury to constable Gyan Singh. No Sepcific role has been assigned to the appellant except that he was also present on the spot along with other accused persons and that he was apprehended on the spot along with illicit arms, whereas the fact is that the appellant was looking after his ill father lying in the hospital and when he came to bring his sister, he was apprehended by the police falsely. Learned counsel for the appellant also argued that the appellant has been falsely implicated in this case. Next submission is that the appellant was on bail during trial and he has not misused the bail. ( 3 ) LEARNED AGA opposed the bail and argued that the appellant is also an active member of the gang of area and he had been arrested on the spot with illicit arms. Learned AGA also argued that if released he may misuse the bail. ( 4 ) WE have considered all the facts and circumstances of the case as well as the submissions made by the learned counsel for the parties. We are of the opinion that the appellant is entitled to be released on bail. ( 5 ) LET the appellant Poppal be released on bail in the above case during pendency of the appeal subject to the following conditions on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of trial court concerned and depositing Rs. 10,000/- as part-amount of fine prior to release on bail. ( 5 ) LET the appellant Poppal be released on bail in the above case during pendency of the appeal subject to the following conditions on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of trial court concerned and depositing Rs. 10,000/- as part-amount of fine prior to release on bail. 1. The appellant shall furnish an undertaking that he will not involve himself in any anti-social activity after release on bail. 2. The appellant shall appear in the concerned police station and get his presence recorded there every fortnight and the record shall be maintained about the presence of the appellant. 3. In case of violation of any of the conditions by the appellant, the prosecution shall be at liberty to move an application for cancellation of his bail. On depositing Rs. 10000/- amount of fine, the realization of remaining amount of fine shall remain stayed till disposal of the appeal. .