Appellant is the complainant who challenged the order granting suspension of sentence
2. These appeals arise from a Common Order passed by Allahabad High Court on 08.02.2023 while adjudicating three Criminal AppealsCriminal Appeal No. 5033 of 2019 (Arvind Kumar vs State of U.P.), Criminal Appeal No. 5100 of 2019 (Chandra Kumar @ Chandu vs State of U.P.) and Criminal Appeal No. 5102 of 2019 (Rishi Kumar vs State of U.P.). The Applicants had sought for suspension of sentence and grant of bail through these Appeals on the primary ground that they are in jail for more than ten years. Also, two co-accused Pramod Kashyap and Adesh Kumar had been granted bail by coordinate bench of same High Court. By the Impugned order, the three Applicants- Arvind Kumar, Chandra Kumar @ Chandu and Rishi Kumar were granted bail during the pendency of their Criminal appeals, with condition of furnishing a personal bond in the sum of Rs.50,000/- each (Fifty Thousand) along with two sureties. Appellant is the Complainant and has challenged the order of granting bail through these appeals.
3. The three Applicants have filed separate Criminal Appeals before High Court against order of Sessions Court dated 06.06.2019 whereby total five Accused namely, Arvind Kumar, Chandra Kumar @ Chandu, Rishi Kumar, Pramod Kashyap and Adesh Kumar were convicted under Sections 147, 148, 302/149 and 120B of Indian Penal Code, 1860. They were sentenced for life imprisonment under Section 302/149 of IPC along with fine of Rs. 20,000/-. By the same order two other accused- Monu and Amit Kumar were acquitted of all the Charges.
FIR was registered on the basis of complaint and after investigation three separate trials were conducted
5. On the basis of the complaint given by Jadunath Singh (Appellant), FIR No. 1411 of 2011 was registered at Police Station Kotwali Dist. Mainpuri under Sections 147, 148, 149, 302, 307, 120B of IPC against five named accused and two unknown. After investigation Chargesheet was submitted against all the seven accused. However, three separate trials were registered being Session Trial No. 48 of 2013- State of U.P. vs Chandra Kumar and three others, namely Pramod Kashyap, Aadesh Kumar and Monu, Session Trial No. 321 of 2013- State of U.P. vs Arvind Kumar and Rishi Kumar and Session Trial No. 531 of 2013- State of U.P. vs Amit Kumar. The trials were clubbed and the leading case was ascertained as Sessions Trial No. 48 of 2013- State vs Chandra Kumar and three others.
Trial court convicted five accused under section 302 IPC and acquitted two accused
6. Trial Court after appreciating the evidence led during the trial, convicted five accused namely Arvind Kumar, Chandra Kumar, Pramod Kashyap, Rishi Kumar and Aadesh Kumar under Section 302/149, 147, 148 and 120-B of IPC and awarded life sentence. It, however, acquitted two other accused namely Monu and Amit Kumar of all the charges.
Complainant challenged the impugned order of granting bail on the ground that the accused are dreaded criminals
8. Thus, Complainant has challenged the impugned order of granting bail on primary ground that the accused persons are dreaded criminals as initially they have committed two murders and later co-accused Chandra Kumar and Rishi Kumar, the sons of co-accused Arvind Kumar killed a Police Constable Ajay Kumar while he was on duty during the course of trial. Therefore, Complainant fears that after being released from jail, they will hatch another conspiracy for eliminating the complainant and his family members.
Two accused respondents are not entitled to grant of bail for their subsequent conduct (murder)
12. In our considered opinion, two accused respondents namely Chandra Kumar and Rishi Kumar despite their period of incarceration of more than 10 years would not be entitled to grant of bail for their subsequent conduct for which they are facing separate trial.
Party
JADUNATH SINGH …APPELLANT VERSUS ARVIND KUMAR & ANR. ETC. …RESPONDENT – CRIMINAL APPEAL NOS. OF 2024 (ARISING OUT OF SLP(CRL.) NOS. 7961-7963 OF 2023) – 2024 INSC 325 – APRIL 19, 2024
1 Comment
Notify me