The Allahabad High Court has granted bail to one Ravi Kumar Sharma on his appeal against the sentence of life imprisonment on charges of murder and criminal conspiracy.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Gautam Chowdhary passed this order while hearing a Criminal Appeal filed by Ravi Kumar Sharma.
Bail application has been filed on behalf of accused appellant Ravi Kumar Sharma who has been convicted in Sessions Trial under Sections 302/34, 120B of IPC arising out of Case at P.S Sirauli District Bareilly and the maximum sentence awarded to him is life imprisonment.
The informant alleged that his brother got married three years back and on account of matrimonial dispute, his wife had lodged a report against him. Informant’s brother was enlarged on bail. He was allegedly shot dead by three motorcycle borne miscreants at about 12:15 in the afternoon. Apprehension was expressed in the FIR that the wife and her family members were responsible. Later on the role of appellant surfaced in the statement of Pramod Kumar Sharma.
Counsel for the appellant submitted that Pramod Kumar Sharma has not supported the prosecution case at the stage of cross-examination and has stated that he had not seen the accused appellant firing on the deceased.
The submission is that the accused appellant has otherwise no criminal history and is suffering from serious kidney ailment and, therefore, he be enlarged on bail.
AGA opposes the bail application but the assertion made on behalf of the appellant is not disputed.
In the facts of the case, the Court found that appeal raises triable issues. To what extent the prosecution case will stand in view of the statement of sole eye witness Pramod Kumar Sharma is one of the aspects that may require consideration. Since the accused appellant has otherwise no criminal history and he was on bail during trial which liberty has not been abused, the Court enlarged the accused appellant on bail.
The Court ordered that,
Let the accused applicant – Ravi Kumar Sharma be released on bail in the above case on furnishing personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned, subject to furnishing undertaking that they will cooperate in the hearing of the appeal.
Fine shall be deposited within six weeks after release.