VINEET SARAN,B.N.SHUKLA,J - (1.) THE appellant Sainter Pal alias Santer Pal has been convicted and sentenced under sections 364, 302/34 and 2011.P.C. vide Judgment and Order dated 4.5.2007 passed by Sessions Judge, Saharanpur in Sessions Trial No. 498 of 2003, State v. Sandeep and others, Police Station Kotwali Dehat, District Saharanpur. Heard Sri Dharmendra Singhal, learned Counsel for the appellant Sainter Pal alias Santer Pal as well as learned Additional Government Advocate for the State and Sri Sumit Goyal, learned Counsel appearing for the complainant and have perused the record.
(2.) THE submission of the learned Counsel for the appellant is that the F.I.R. was lodged after a delay of 11 days. It has also been submitted that the appellant Sainter Pal alias Santer Pal was not named in the F.I.R. and there is no direct evidence against him. On the other hand, the learned Additional Government Advocate as well as Sri Sumit Goyal, learned Counsel for the opposite party, have submitted that the murder of the deceased Sanjai was a well planned murder committed by the appellant and his cousin brother Sandeep only because the deceased Sanjai looked quite like the appellant Sainter Pal, who is a hard core criminal and against whom 19 cases are pending (the details of which have been given in the order dated 11.3.2008 passed by this Court in the connected Criminal Appeal No. 4140 of 2007 Sandeep v. State of U.P. It has further been submitted that after committing the murder of the deceased, the accused left his body with a diary in his pocket with the name of Sainter Pal and also tried to erase the name of deceased Sanjai tattooed on his hand simply to avoid the identity of the deceased Sanjai. The appellant along with other co-accused had also got the body of the deceased Sanjai identified as that of Sainter Pal alias Santer Pal and the main intention of the appellant and other co-accused was to bluff the police that Sainter Pal alias Santer Pal, who is a hard core criminal and against whom several criminal cases are pending in courts, has died. Considering the facts and circumstances of this case and keeping in view the aforesaid submissions of the learned Counsel for the parties as well as taking the criminal record of the appellant Sainter Pal alias Santer Pal into consideration, we do not find it to be a fit case for grant of bail. The prayer for bail to the appellant Sainter Pal alias Santer Pal is rejected.
(3.) IT is reported that the lower Court's record has been received. The office is directed to get the paper books prepared and list the appeal for hearing after three months. Bail Rejected.;