JItendra Sarin, Prayagraj
The Allahabad high court dismissed bail applications of Surya Bhan Karwariya, Kapil Muni Karwariya, Uday Bhan Karwariya and one more in a 1986 murder case of Jawahar Yadav alias Panditji, a former MLA.
Justice Salil Kumar Rai and Justice Arun Kumar Singh Deshwal rejected the bail applications of the convicts filed in their criminal appeals challenging their conviction in the murder case.
Appellants’ plea was that the sessions judge, while passing the conviction order, has failed to consider the serious inconsistency in the statements of prosecution witnesses and the prosecution failed to prove its case against the appellants beyond reasonable doubt.
“Also, plea of alibi of the appellants was not considered though they had produced witnesses in support thereof that they were present at some other place at the time of incident,” argued appellants’ counsel.
The court observed, “Contention of the appellants that the plea of alibi was not considered though they have produced defence witnesses in support thereof is also unfounded because once the incident is proved by the eyewitnesses and the defence could not impeach the credibility of the eyewitnesses during cross-examination, the plea of alibi cannot be accepted.”
The court, while rejecting the bail plea, observed, “In view of the above, considering the gravity of offence and evidence on record, we do not find this case fit for bail. Therefore, the bail applications of the appellants are rejected.”