High Court of Judicature at Allahabad
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Maluka & Others v. State Of U.P. - CRIMINAL APPEAL No. 342 of 2006  RD-AH 3101 (10 February 2006)
Hon'ble K.K. Misra,J.
Hon'ble Mukteshwar Prasad,J.
Heard learned counsel for the appellants and Sri R.P.S. Chauhan, Advocate from the side of the complainant as well as learned A.G.A on the prayer for bail.
Summon the trial court record within three weeks.
So for as the five persons namely, appellant nos. 8 Harpal, appellant no. 9, Shree Pal, appellant no.10, Bhabhuti, appellant no. 11 Raidas and appellant no. 12, Omkar are concerned,they have been given the role of causing injuries by gun shot to the deceased. The deceased had received only one gun shot injury.
Considering all the facts and circumstances of the case, we are of the view that appellant nos. 8 Harpal, appellant no. 9, Shree Pal, appellant no.10, Bhabhuti, appellant no. 11 Raidas and appellant no. 12, Omkar are entitled to be released on bail . Let appellant nos. 8 Harpal, appellant no. 9, Shree Pal, appellant no.10, Bhabhuti, appellant no. 11 Raidas and appellant no. 12, Omkar convicted under section 148/302/149/307/149/147 IPC and sentenced thereunder in Sessions Trial no. 120 of 1993 ( State Vs. Maluka & others) be released on bail during the pendency of appeal on their executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate Badaun .
The C.J.M, Badaun , shall send photocopies of personal and surety bonds executed and furnished by and on behalf of the accused- appellants to this Court soon thereafter.
So far the remaining appellants no. 1, 2, 3,4, 5, 6, 7, 13, 14, 15 and 16 are concerned, their prayer for bail shall be considered on the receipt of the record.
List this case on 27.3.2006.
Realization of fine in respect of the appellants no. 8,9, 10,11 and 12 shall remain stayed if Rs.2,500/- out of the fine imposed by the trial court is deposited by each of them within one month .
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