IMPORTANT POINT
The appellate Court is required to record reasons for ordering suspension of execution of the sentence.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the order of a Division Bench of the Allahabad High Court granting bail to the respondent Nos. 2 to 4 during the pendency of Criminal Appeal No. 3693 of 2007.

3. Background facts as projected by the complainant in FIR Case Crime No.198 of 2005 of P.S. Kotwali district, Rampur, Uttar Pradesh are as follows:

The FIR was lodged on 29.5.2005 stating that the respondent armed with deadly weapons alongwith co-accused Chhote and Raza came to a milk dairy where brother of the appellant namely Javed (hereinafter referred to as the ‘deceased’) was milking the buffaloes. He was attacked with Patala Daon - a sharp edged weapon, knife and dagger due to which he fell down after receiving the fatal injuries. The accused persons thereafter fled away towards the forest after terrorizing people by firing in the air. Prior to this incident, respondents Lalam and Murshad and co-accused Chhote had stolen a buffalo of the deceased and for that they were required to pay Rs.20,000/- as per the decision of the panchayat held earlier. Appellant brought the injured to the hospital where he was declared dead. The incident had taken in a broad day light in a busy Hazratpur crossing at Rampur City and was witnessed by many persons.

After investigation, charge sheet was filed. On the basis of statement made by respondent Lalam recovery of a Patal was made. Subsequently, blood stained dagger was also recovered. Similarly, one country made pistal and five life cartridges were recovered. Accused Raza Ali could not be apprehended and he has absconded. Learned Additional Sessions Judge, Rampur, placing reliance on the evidence of the witnesses found the respondents guilty. Each of the respondents 2 to 4 and co-accused Chhote was awarded life sentence. An appeal (Criminal Appeal No. 3693 of 2001) was filed before the High Court. The respondents filed an application for release on bail. By the impugned order bail has been granted.

4. Learned counsel for the appellant submitted that the High Court’s order is indefensible. By a practically non-reasoned order, bail has been granted. Various other factors have been pointed out, they are essentially as follows:

(a) No opportunity was given by the High Court to public prosecutor as required under amended proviso (1) of Section 389 Cr.P.C.

(b) The Division bench completely ignored the fact that respondents Lalam and Akbar during the trial had fled from the custody and were convicted for this offence by C.J.M. Rampur.

(c) High Court ignored the fact that it was the case of brutal broad daylight murder for which accused were not granted bail by the Sessions or High Court during Trial.

(d) No cogent or detailed reasons were given by the High Court while granting bail to Respondents in their appeal against their conviction which is a mandatory requirement of Session 389 Cr.P,C,

(e) Division Bench of High Court ironically and without applying its judicial mind granted bail to the Respondents in their appeal and suspended their sentence of life imprisonment during pendency of their appeal even when there was no application under Section 389 Cr.P.C. for suspension of sentence by respondents.

(f) The Division Bench of the High Court also ignored the criminal history of the accused persons and did not take into consideration the possibility of misuse of liberty by respondents.

5. There is no appearance on behalf of respondents in spite of service of notice.

6. At the outset it needs to be noticed that the High Court has not referred to any circumstance which warrants grant of bail. The only reason given reads as follows:

“The allegations made in the FIR and the nature of injuries mentioned in the post mortem report and the weapons alleged to have been used by the present appellants in the incident are sufficient to grant bail to the appellants as the fatal ante-mortem injuries appear to have been caused by Patal (Dav), which has been assigned o