ORDER : 1. Leave granted. 2. These appeals are directed against the judgment and order dated 07/08/2012 passed by the Allahabad High Court in Criminal Appeal Nos. 4548/2010, 4917/2010 and 4501/2010. The appeals are filed by the original complainant Seema Awasthi (PW 1). By the impugned order the Allahabad High Court has released all the accused who were convicted for offence punishable Under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life on bail on furnishing a bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, during the pendency of the appeals. 3. The prosecution case appears to be that A1-Jai Singh, A2- Rajnesh Singh, A3-Pankaj Awasthi and A4-Ashok Awasthi were on inimical terms with deceased-Vijay Awasthi. Vijay Awasthi was the husband of PW 1-Seema Awasthi. The reason for animosity was that on the basis of the complaint made by the deceased-Vijay Awasthi the fair price shop license of A1-Jai Singh was cancelled. PW 1-Seema Awasthi was the village Pradhan of the Gram Panchayat Gusrapur. According to the prosecution, on 03/01/2009 the deceased-Vijay Awasthi along with PW 1-Seema Awasthi was going to inspect the construction work of the school situated across the railway line. When they reached near railway track at about 11.30 a.m. all the four accused came there. They assaulted the deceased-Vijay Awasthi with weapons like Takora, Iron rod, and Bamboo sticks indiscriminately. The deceased succumbed to the injuries. The accused ran away from the spot. PW 1-Seema Awasthi lodged F.I.R. On the basis of the F.I.R. investigation was set in motion. After completion of the investigation the accused came to be tried for offence punishable Under Section 302 read with Section 34 of the Indian Penal Code and were convicted and sentenced as aforesaid. 4. We have heard learned Counsel for the parties. Learned Counsel for the Appellant submitted that while releasing the accused on bail the High Court has not focussed its attention on the relevant factors which must be taken into account by the court while considering prayer for bail made by an accused convicted for a gruesome crime like murder and sentenced to imprisonment for life.
Learned Counsel for the Appellant submitted that while releasing the accused on bail the High Court has not focussed its attention on the relevant factors which must be taken into account by the court while considering prayer for bail made by an accused convicted for a gruesome crime like murder and sentenced to imprisonment for life. Counsel submitted that the High Court did not take into consideration the fact that A4-Ashok Awasthi was earlier convicted for offence Under Section 302 of the Indian Penal Code and sentenced to life imprisonment. Counsel urged that, in the circumstances, the impugned order be set aside. 5. In the impugned order the High Court has referred to some portions of the F.I.R. The High Court has also referred to the post-mortem notes and mentioned the number of injuries suffered by the deceased and their nature. But, the High Court has not assigned any proper reasons as to why it thought it fit to release the accused on bail. The order releasing the accused on bail contains prima facie opinion of the court. It could be brief, but, must indicate proper application of mind to the vital considerations which the court has to keep in mind while dealing with bail applications. The High Court was oblivious of the fact that A4-Ashok Awasthi was earlier convicted for offence punishable Under Section 302 of the Indian Penal Code and sentenced to life imprisonment. In the circumstances, we quash and set aside the impugned order. We remit the matter to the High Court. We request the High Court to consider the bail application afresh, after hearing the counsel for the parties, as expeditiously as possible. We make it clear that nothing said by us in this order should be treated as expression of our opinion on the merits of the case. 6. The appeals are disposed of in the aforestated terms.