- (1.) HEARD the learned counsel for the appellants and the learned A.G.A. for the State of U.P.
(2.) THE appellant Harpal has preferred criminal appeal no. 3490 of 2013, the appellant Virendra Singh has preferred criminal appeal no. 3491 of 2013, the appellant Rishi Pandit has preferred criminal appeal no. 3492 of 2013 and the appellant Jai Pal has preferred criminal appeal no. 3528 of 2013 against the judgement and order dated 27.6.2013 passed by the learned Additional Sessions Judge, Court No. 9 Mathura in S.T. No. 393 of 2007 connected with S.T. No. 293A of 2007 whereby the appellants Harpal, Virendra Singh, Rishi Pandit and Jai Pal have been convicted for the offence punishable under sections 396/201 I.P.C. The appellants Jai Pal, Rishi Pandit and Harpal have been further convicted for the offence punishable under section 412 I.P.C. All the appellants have moved their bail applications in their respective appeals with the prayer that they may be released on bail during the pendency of their appeal, therefore, their bail applications are being disposed of by a common order.
(3.) THE other co -accused namely Vinod Kumar has been released on bail in connected criminal appeal no. 3484 of 2013, the accused Ramu has been released on bail in connected criminal appeal no. 2930 of 2013, the accused Asraf @ Mama has been released on bail in connected criminal appeal no. 3076 of 2013, the accused Manju has been released on bail in connected criminal appeal no. 3328 of 2013, the accused Akhilesh Yadav alias Vakil has been released on bail in connected criminal appeal no. 3858 of 2013, the accused Subhash Chand has been released on bail in connected criminal appeal no. 3139 of 2013 and the accused Gaurav has been released on bail in connected criminal appeal no. 2946 of 2013. Having heard the learned counsel for the appellants, learned A.G.A. for the State of U.P. and perusing the lower court record it reveals that in the present case FIR has been lodged by Ram Singh, P.W. 2 on 27.9.2005 at 4.00 p.m. in respect of the incident allegedly occurred on 16.9.2005 and thereafter the FIR was lodged by P.W. 2 Ram Singh, owner of the truck, against the unknown miscreants alleging therein that Truck No. H.R. 38G 7490, after loading with the articles proceeded from Delhi to Nagpur on 16.9.2005, its drivers were Virendra Singh and Govind Singh, but the loaded truck did not reach to its destination, then an inquiry was made by P.W. 2, he came to know that the truck was passed from Kosi Kotwan Check post on 17.9.2005. On 26.9.2005, a telephonic information was given by the brother of the deceased Virendra Singh that the dead body of the deceased Virendra was found in a Nala in the area of Runakta outpost, on that information P.W. 2 Ram Singh came to the police outpost where he found Raju, the brother of Virendra driver and his other family members, it was disclosed by Raju that the dead body of the deceased was identified by his cloths and photo. but the second driver Govind Singh could not be recovered. According to the deposition of Om Prakash,P.W. 1 Govinda was his brother, his whereabouts could not be known. He was having the belief that after committing the murder of the driver, loaded articles of the truck were looted, subsequently, the accused Saheb Singh, Har Pal, Jai Pal, Rishi Pandit, Gaurav, Ramu and Akhilesh were arrested by the police, they were taken to the police station and at their pointing out the truck was recovered, they confessed that both the drivers were strangulated by the break wire.;