During the pending of the appeal, the Allahabad High Court approved the bail application of the accused sentenced to life imprisonment for murder.
The Division Bench of Justice Rahul Chaturvedi and Justice Mohd Azhar Husain Idrisi passed this order while hearing a Criminal Appeal filed by Someshwar @ Patali and 2 Others.
There are three appellants, namely, Someshwar @ Patali, Shubhkaran @ Sudhai and Vijai Gosai, who are convicted in Session Trial (State Vs Someshwar @ Patali and others) arising out of case under Section 302, 201 and 34 IPC, P.S Uska Bazar, District Siddharth Nagar by order dated 06.10.2020 passed by the Additional District & Sessions Judge, Siddharth Nagar, convicting and sentencing the appellants under Section 302 IPC for life imprisonment to each and a fine of Rs 10,000/- each and in default of payment of fine six months simple imprisonment and addition to other allied section of IPC were awarded to the appellants.
Contention raised by the counsel for the applicants is that from the FIR, it is evident that Manoj Rastogi has lodged a FIR with the allegation that his father late Lal Mohar on 20.05.2016 around 5.30 in the morning went to attend the call of nature, wherein the accused persons have ambushed him and beheaded him by an axe and taken out the head of the deceased in scarf.
Lately when son/informant Manoj Rastogi his testimony has attributed the specific role of beheading his father to one Ramakant Yadav, who after lying down the deceased, sat on the chest and beheaded the deceased by the axe. The recovery of the axe was at the pointing out of the Ramakant itself. The case of accused- Ramakant Yadav is clearly distinguishable from the other accused persons. The appellants were in jail since 29.09.2020.
Keeping in view the sentence awarded as well as nature of offence and considering the fact that there is no likelihood of this appeal being decided in near future and also the individual’s role of each of the appellants, namely, Someshwar @ Patali, Shubhkaran @ Sudhai and Vijai Gosai, the applicants have made out a case for bail during pendency of appeal, the court observed.
The Court ordered that,
Let applicants/appellants-Someshwar @ Patali, Shubhkaran @ Sudhai and Vijai Gosai be released on bail in Session Trial (State Vs Someshwar @ Patali and others) arising out of case under Section 302, 201 and 34 IPC, P.S Uska Bazar, District Siddharth Nagar, on their furnishing a personal bond and two heavy sureties each (one of which of their close relative or family members) in the like amount to the satisfaction of the court concerned.
100% of the fine awarded by the Court below under the impugned judgment shall be deposited by the applicant/appellant within a month from his release on bail.