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Shiv Baran Singh v. State Of U.P. - CRIMINAL APPEAL No. 2680 of 2006  RD-AH 9542 (15 May 2006)
Court No. 21
Criminal Appeal No. 2680 of 2006
Shiv Baran Singh Vs. State of U.P.
Hon'ble. Mukteshwar Prasad, J.
Hon'ble Vinod Prasad, J.
Office is directed to summon the record within four weeks.
We have heard learned counsel for the appellant as well as learned A.G.A. for the State, on prayer for bail of present appellant.
It is contended by learned counsel for the appellant that in this case there is no eyewitness account as, according to prosecution, the witnesses reached the spot after hearing the shot and found four persons standing on the spot. He contended that the deceased sustained a single gun shot injury and who caused it is not known. He, therefore, contended that it is a case of hit and run and the appellant has been implicated falsely. It is also submitted that the appellant was on bail in the trial court and he did not misuse the liberty allowed to him. It is also contended that hearing of this appeal is not possible in near future. At present, the appeals of 1982-83 are being listed for hearing.
Learned A.G.A. could not dispute the fact that it is a case of single injury and according to prosecution, the witnesses reached the spot after hearing the gun shot.
Without adverting over the merit of the case further, we are inclined to release the appellant on bail during the pendency of appeal.
Let the appellant-Shiv Baran Singh be enlarged on bail during pendency of appeal on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Banda in S.T. N0. 93 of 1994 State Vs. Shiv Baran Singh and others provided the appellant deposits the entire amount of fine in the court concerned within a period of one month from today.
The Chief Judicial Magistrate will send photocopies of the bail bonds to this Court immediately after its acceptance.
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