9911796707
TMI Blog2021 (10) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... - Swaminath Yadav came to be released on bail and so far as the other accused are concerned, they are released on bail on the ground of parity and order passed in Criminal Appeal No. 1283 of 2018 (in the case of Swaminath Yadav). Therefore, Criminal Appeal No. 876 of 2021 arising out of the impugned judgment and order passed by the High Court in Criminal Appeal No. 1283/2018 is treated as a lead appeal. 2.1 That all the private respondents herein - accused have been convicted by the learned trial Court for the offences under Sections 302/149, 201 r/w Section 120B IPC arising out of Case Crime No. 103/96, Police Station Bansdeeh, District Ballia and they are sentenced to undergo life imprisonment by the learned Additional Sessions Judge, Court No.2, Ballia vide judgment(s) and order(s) dated 08.02.2018 and 09.02.2018 passed in Sessions Trial No. 230 of 1999 (State v. Vikrama Yadav and others). Facts in nutshell 3. That the dead body of one Kripa Shankar Shukla alias Bajrang Shukla was found lying in the well of one Chandramani Pandey on 28.10.1995 at 10:00 a.m; that an application was moved at the police station Bansdeeh, District Ballia; that the police party prepared the inqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as Court witness; that number of documentary evidence were also brought on record; that in the depositions, the witnesses - villagers who were examined on behalf of the prosecution specifically stated that before they gave the evidence/statements, they were threatened by the accused; not only that but an FIR was also lodged against the accused persons for giving threats for the offences under Sections 504 & 506 IPC; that all the witnesses - villagers who were examined specifically stated with respect to threats administered by the accused and they were told not to give any evidence against the accused; that during the investigation the prosecution also established and proved the motive; that on appreciation of evidence and having specifically found from the post mortem report that the lungs of the deceased were found congested, however, no water was found in the lungs; that the learned trial Court specifically noted that despite the above, SI Jainath Yadav neither considered the above points himself nor sought any opinion in this regard from any doctor; that the learned trial Court also noticed that before preparing the enquiry report, neither he enquired from the brother, wife a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been released on bail by a coordinate Bench. 5. Feeling aggrieved and dissatisfied with the impugned orders passed by the High Court releasing the accused on bail pending respective criminal appeals, the appellant - victim - wife of the deceased has preferred the present criminal appeals. 5.1 At this stage it is required to be noted that by the time the High Court released the accused on bail, they had undergone 8 months sentence only. 6. Shri V.K. Mishra, learned Advocate has appeared on behalf of the appellant, S/Shri Sandeep Narain and Udayaditya Banerjee, learned Advocates have appeared on behalf of the accused in Criminal Appeal Nos. 876 and 877 of 2021 and Ms. Srishti Singh, learned Advocate has appeared on behalf of the State of Uttar Pradesh. 6.1 Though served, nobody has appeared on behalf of the remaining accused. However, learned counsel appearing on behalf of the private respondents - accused in Criminal Appeal Nos. 876 and 877 of 2021 have fairly assisted the Court with their submissions which will cover all the cases. 6.2 Shri V.K. Mishra, learned Advocate appearing on behalf of the appellant has vehemently submitted that in the facts and circumstances of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ousness of the offence and the gravity of the accusation against the accused and their antecedents and conduct of giving threats to the witnesses during trial and even thereafter. 6.10 Making the above submissions, it is prayed to allow the present appeals and quash and set aside the impugned orders passed by the High Court releasing the accused on bail, pending criminal appeals. 7. Learned counsel appearing on behalf of the State has fully supported the appellant. It is submitted that the High Court has failed to notice and/or consider the motive, antecedents and conduct of the accused even during trial and the manner in which all efforts were made right from the very beginning to scuttle the fair investigation. 7.1 It is submitted that as such no specific reasons have been assigned by the High Court while releasing the accused on bail pending appeals. It is submitted that the manner in which the High Court has disposed of the bail applications and released the accused on bail pending appeals is not sustainable at all. It is submitted that from the impugned orders passed by the High Court, it is difficult to identify the submissions on behalf of the accused and even the finding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. It does not even reflect the submissions on behalf of the Public Prosecutor opposing the bail pending appeal. A detailed counter affidavit was filed on behalf of the State opposing the bail pending appeal which has not been even referred to by the High Court. The manner in which the High Court has disposed of the application under Section 389 Cr.P.C. and has disposed of the application for bail pending appeal cannot be approved. It is very unfortunate that by this judgment, we are required to observe the importance of judgment; purpose of judgment and what should be contained in the judgment. 9.2 First of all, let us consider what is "judgment". "Judgment" means a judicial opinion which tells the story of the case; what the case is about; how the court is resolving the case and why. "Judgment" is defined as any decision given by a court on a question or questions or issue between the parties to a proceeding properly before court. It is also defined as the decision or the sentence of a court in a legal proceeding along with the reasoning of a judge which leads him to his decision. The term "judgment" is loosely used as judicial opinion or decision. Roslyn Atkinson, J., Supreme C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that eventually get overruled because of lack of clarity. Therefore, whenever a judgment is written, it should have clarity on facts; on submissions made on behalf of the rival parties; discussion on law points and thereafter reasoning and thereafter the ultimate conclusion and the findings and thereafter the operative portion of the order. There must be a clarity on the final relief granted. A party to the litigation must know what actually he has got by way of final relief. The aforesaid aspects are to be borne in mind while writing the judgment, which would reduce the burden of the appellate court too. We have come across many judgments which lack clarity on facts, reasoning and the findings and many a times it is very difficult to appreciate what the learned judge wants to convey through the judgment and because of that, matters are required to be remanded for fresh consideration. Therefore, it is desirable that the judgment should have a clarity, both on facts and law and on submissions, findings, reasonings and the ultimate relief granted. 10. If we consider the impugned order passed by the High Court, as observed hereinabove, we find that there is a total lack of clarity o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 506 IPC can be said to be a very serious offence. Therefore, the aforesaid conduct ought not to have been taken by the High Court very lightly. 11.3. Even, the High Court has also not considered the seriousness of the offence and the gravity of the accusation against the accused and their antecedents and conduct by giving threats to the witnesses during trial and even thereafter. The High Court ought to have noted that when the High Court released the accused on bail pending appeal, they have undergone only 8 months sentence against the life sentence imposed by the learned trial Court. 12. Considering the aforesaid facts and circumstances, therefore even on merits also, the High Court has committed a grave error in releasing the accused on bail pending appeals against the judgment and order of conviction for the offences under Sections 302/149, 201 r/w 120B IPC. 13. In view of the above and for the reasons stated above, the present appeals succeed. The impugned judgment(s) and orders(s) dated 08.10.2018 and 06.12.2018 passed in Criminal Miscellaneous Bail Application No. 1A/1 of 2018 in Criminal Appeal No. 1283/2018, Criminal Miscellaneous Bail Application No. 1A/1 of 2018 in C ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
