- (1.) HEARD learned counsel for the applicant -appellant and learned Additional Government Advocate with respect to prayer for bail in pending appeal which has been preferred by appellant Ram Milan against judgment and order dated 30.10.2009 passed by learned Additional Sessions Judge, Court No.5, Sitapur in Sessions Trial No.989 of 2003 whereby he has been convicted under Sections 302 read with Section 34 IPC and sentenced for maximum term of life imprisonment with fine stipulation.
(2.) WE have gone through the judgment of the court below as well as lower court record.
(3.) IT is a case where accused appellant has been assigned role of catching hold of bicycle of deceased Hriday Ram Maurya and main role of firing upon the deceased has been assigned to other co -accused persons, namely, Kailash and Kaushal alias Chottakke. The deceased had received four firearm injuries out of which injury No.1 is entry wound with corresponding exit wound injury No.2 on the left side of the neck and injury No.3 is firearm wound of entry with corresponding exit wound injury No.4 on the right side of mouth. Submission of learned counsel for the appellant is that as per statement of complainant, namely Ramrati (PW -1) specific role for commission of murder has been assigned to Kailash and Kaushal alias Chottake and not to the present appellant. Thus the case of the present appellant is quite distinguishable from the case of main assailants, namely, Kamlesh and Kaushal alias Chottakke. It has also been stated that the appellant was on bail during the course of trial and he did not misuse the liberty of bail granted to him. It has also been submitted that the appeal is of the year 2009 and it will take considerable long time for reaching to its logical conclusion.;