Amar Saran and D.R. Azad, JJ. - (1.) WRITTEN objections filed today, may be taken on record.
(2.) HEARD learned Counsel for the appellant and the learned A.G.A. Prayer for bail has been preferred in this Criminal Appeal arising out of judgement and order passed by the Additional Sessions Judge, Fast Track Court, Jhansi dated 23.1.2009 convicting and sentencing the appellant with imprisonment for life under sections 307 and 325 I.P.C. It is argued by the learned Coun sel for the appellant that the incident in question took place on 11.10.2007 at 7 p.m. and the report was lodged on the same day at 10.10 p.m., by P.W. 2 Pooran Lal. Ac cording to the F.I.R. the fire on the injured Naraindas was made by some unknown person. Two witnesses of the F.I.R. Chunni Lal and Prabhudayal have not been exam ined. Subsequently, after 24 days on 4.11.2007, the injured P.W. 1 Naraindas named the appellant as the person who had fired on him and there is no reasonable explanation for the delayed disclosure. Learned A.G.A., however, stated that as the injured was unconscious, he could not disclose his name earlier. However, learned Counsel for the appellant has drawn our attention to the statements of the two doc tors P.W. 3 Dr. Kapil Kumar Tripathi and P.W. 6 Dr. Sudhir Kumar and they have both admitted that the injured was conscious when he was medically examined on the date of incident. It is pointed out that even P.W. 2 Pooran Lal father of the in jured and informant has also disclosed the name of the appellant to the Investigating Officer after 24 days on 4.11.2007. Per contra, learned A.G.A. tried to support the judgment of the Trial Court.
(3.) IN this view of the matter, without expressing any opinion on the merit of the case, let the appellant Ghana Ram con victed and sentenced in S.T. No. 25 of 2008, district Jhansi, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfac tion of the Court concerned. Appeal Allowed.;