High Court of Judicature at Allahabad
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Bedu Saini v. State Of U.P. - CRIMINAL APPEAL No. 3062 of 2005  RD-AH 8040 (20 April 2006)
Hon. Mukteshwar Prasad, J.
Hon. (Mrs.) Saroj Bala, J.
We have heard learned counsel for the appellant and learned AGA and have perused the judgment in question.
It is contended that the appellant, who is the real brother of the deceased, was convicted by the court below on the solitary testimony of P.W. 4 Rajendra Singh, who had no occasion to see the appellant committing murder of Munish. The appellant was on bail during the trial. Moreover, no lathi injury was found on the body of the deceased. It is also contended that all the witnesses including the wife of the deceased turned hostile.
Taking into consideration the facts and circumstances of the case, we are inclined to release the appellant on bail. Let the appellant Bedu Saini son of Sri Charan Singh Saini, be enlarged on bail in Sessions Trial No. 394 of 2003 (State Vs. Bedu Saini) on his executing personal bond and furnishing two sureties, each in the like amount to the satisfaction of the C.J.M., Meerut, subject to his depositing a fine of Rs.5,000/- each in the court below within a period of six weeks from today. The recovery of remaining amount of fine shall remain stayed during the pendency of the appeal.
The Chief Judicial Magistrate will send photocopies of the bail bonds to the Court immediately.
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