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Ishwer v. State Of U.P. - CRIMINAL APPEAL No. 2107 of 2006 [2006] RD-AH 20694 (7 December 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Mukteshwar Prasad, J.

Hon'ble (Mrs.) Saroj Bala, J.  

We have heard learned counsel for the appellant and learned AGA and have perused the impugned judgment under appeal.

It is contended that co-accused Dinesh was bailed out by this Court. The incident in question took place at about 10 p.m. on 12.9.1997 and Suraj Prasad expired on 12.10.1997 in K.G. Medical College, Lucknow. However, this case was never considered as medico legal case by the doctor. Although the deceased survived for a month after sustaining injuries but no dying declaration was recorded. There is no inquest report on record and no post mortem was done. According to the evidence on record the cause of death was  cardic  respiratory failure. In this view of the matter, it is urged that the appellant is also entitled for bail. On the other hand, learned AGA submitted that the deceased had large number of injuries caused by knife and he succumbed to the injuries in the hospital.

Taking into consideration the entire facts and circumstance of the case, we are inclined to release the appellant on bail during the pendency of the appeal

. Let the appellant Ishwar son of Dudha Nath Gosanyee be released on bail in S.T. No. 55 of 1998 (State Versus Dinesh and others) on his executing personal bond and   furnishing two sureties each in the like amount to the satisfaction of C.J.M. Basti.

Realisation of fine imposed by the court below shall remain stayed till the disposal of the appeal.




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