The court may grant bail during the pendency of a criminal appeal based on the lack of specific allegations, contradictions in the F.I.R, and absence of injury reports and firearm injuries.

ORDER :

I.A No.3214 of 2022

The present Interlocutory Application No.3214 of 2022 has been filed by the appellants for suspension of sentence and grant of bail during the pendency of this criminal appeal.

2. Heard learned counsel for the appellants and the learned A.P.P for the State.

3. One another supplementary affidavit filed on 04.05.2022 on behalf of the appellant No.2 and 3 for grant of provisional bail to the appellant Nos.2 and 3 on account of marriage of their respective daughter and son on 13.05.2022 and 12.05.2022 respectively.

4. It is submitted by the learned counsel for the appellant that during the pendency of this criminal appeal, the marriage of the daughter of the appellant No.2 namely, Ashok Yadav and the son of the appellant No.3 namely, Rajendra Yadav are fixed on 13.05.2022 and 12.05.2022 respectively.

5. It is submitted that the appellants are innocent. It is submitted by the learned counsel for the appellants that there is allegation of alleged firing upon the appellant No.2 and no specific overt act has been attributed against the appellant No.1 Naresh Yadav and the appellant No.3 Rajendra Yadav. It is further submitted that there is a case and counter-case between both the sides for the last several years and even the informant has admitted during his cross examination 5-6 cases are pending between both the sides. It is further submitted that author of the F.I.R namely, Baleshwar Yadav has not been examined, though the Informant and other witnesses have stated that he is alive and was present in the village. It is further submitted that the Informant has also stated to have put Thumb Impression in the F.IR, whereas, from perusal of the F.I.R, it would reveal that it was signed by the Informant and thus, there is contradiction in the F.I.R and his evidence and the written application appears to be doubtful. It is further submitted that no injury has been found on any person from the side of Informant and no injury report has been brought on record on behalf of the prosecution. It is submitted that the appellant No.2 namely, Ashok Yadav has remained in custody from 20.08.2010 to 15.02.2011 and the appellant No.3 Rajendra Yadav was in custody from 01.03.2011 to 08.04.2011 and after their convictions, they are in custody since 28.02.2022 and hence, they may be enlarged on bail.

6. On the other hand, learned counsel for the State has opposed the prayer for bail and has further submitted the Informant has fully supported his case. It is further submitted that the appellant No.2 had fired at the family members of the Informant but the informant and his family members saved themselves. Learned counsel for the State has further submitted that the other witnesses had been examined as P.W.1 and P.W.3 who have supported the allegation of firing between both the sides. It is further submitted that Investigating Officer has been examined as P.W.6 and he has also recovered one cartridge from the house of the Informant and hence, the prayer for bail is fit to be rejected.

7. Perused the Lower Court Records and considered the submissions of both the sides.

8. The appellants have been convicted by the learned District & Additional Sessions Judge-I, Deoghar in S.T Case No.84 of 2013 for the offence under Section 307 read with section 149 of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for a period of four (04) years each and to pay a fine of Rs.10,000/- each. The appellants have also been convicted for the offence under Section 148 of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for a period of one (01) month and all the sentences have been directed to run concurrently.

9. It transpires from the F.I.R that the appellant No.2 namely, Ashok Yadav is said to have fired at the Informant but he saved himself behind the door and the appellant are alleged to have further pelted stones and damaged the entire bricks of the roof by Lathi and Stones. It also transpires that t