- (1.) THIS is second bail application moved on behalf of the appellant Nand Ram. His first bail application has been rejected by the another bench of this court on 18.5.2010, thereafter this matter has been released and it has been nominated to the bench presided over by one of us Justice Ravindra Singh vide order dated 25.1.2012 passed by Hon'ble the Chief Justice.
(2.) FROM the perusal of the record it appears that in the present case the appellant and four other co-accused namely Shyam Lal, Ram Swaroop, Munna Rajak and Mata Prasad have been convicted by learned Addl. Sessions Judge/ FTC-3, Jalaun at Orai on 16.9.2009, out of which the appellant Nand Ram has filed the present criminal appeal No. 6063 of 2009 in which they have been released on bail and realization of fine has been stayed by the another bench of this court on 19.11.2009 and co-accused Ram Swaroop, Shyam Lal, Munna Rajak and Mata Prasad filed separate Criminal Appeal. There was a cross version of the alleged incident. The crime No. 260 of 1992 was registered against the appellant and other co-accused persons at P.S. Kotwali Orai, district Jalaun and the cross case crime No. 260-A of 1992 was registered against the complainant party of this case. From the side of the prosecution side four persons have sustained injuries, out of which injured Anand Kumar has succumbed to his injuries and from the side of the appellant two persons have sustained injuries. The injuries sustained by the appellant side have not been explained. According to the both version the alleged occurrence had taken place on 20.3.1992 at about 5.00 P.M. The alleged occurrence had taken place in village of the appellant. There was holy festival. It is alleged that the first informant, deceased and others were returning after holy milan, the appellant and other co-accused persons met them on the way. The appellant and other co-accused persons hurled the abused and stopped the motorcycle of the deceased. It is alleged that the appellant caused injury on the head of the deceased by using an axe blow, consequently the deceased Anand Kumar fell down, thereafter Mansukh Chamar and Madhav Kumar came in his rescue, they were also beaten by Mata Prasad and Shyam Lal by using danda and axe blows, thereafter from the side of the complainant the stones and bricks were pelted then accused persons escaped from the alleged place of the occurrence. It has not been established that the alleged occurrence has taken place for the purpose of snatching the motorcycle. The motorcycle and tractor were found near the house of the appellant. According to the post mortem examination report the deceased had sustained an incised wound, two contusions and one abrasion and there was no repeatation of the blows. The trial court has recorded the findings that it was a case of free fight, both the parties have been convicted. According to the prosecution version itself, no specific motive or intention to commit the alleged offence has been disclosed. The appellant is in jail after conviction. He has remained in jail for about three years and other co-accused persons have been released on bail. In such circumstances, we feel it proper to release the appellant on bail. Let the appellant Nand Ram convicted in S.T. No. 125 of 1995 under Sections 302/149, 323/149, 148 I.P.C., P.S. Kotwali Orai, District Jalaun be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(3.) THE realization of fine shall remain stayed during the pendency of the appeal.;