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Tuhi Ram & Others v. State Of U.P. - CRIMINAL APPEAL No. 2688 of 2006 [2006] RD-AH 9565 (15 May 2006)


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Court No. 21

Criminal Appeal No. 2688 of 2006

Tuhi Ram and others 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 appellants as well as learned A.G.A. for the State, on prayer for bail of present appellants.

It is contended by learned counsel for the appellants that two appellants, namely Deshraj and Tuhi have received crushed injuries on the top of head for which no explanation has been offered by the prosecution. He contended that they had pleaded the right of private defence and since the prosecution has failed to explain the injuries sustained by the aforesaid two appellants, the prosecution version is not wholly correct. It has suppressed the genesis of the incident. Learned counsel for the appellants invited the attention of the court on page 2 of the judgment where the injuries of the accused are mentioned as well as on page 6 of the judgment where they have taken the plea of right of private defence. It is also urged that the appellants were on bail in the trial court and they had not misuse the liberty allowed to them. 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 there is no explanation of the injury sustained by the accused which is on vital parts of the body.

Without adverting over the merit of the case further, we are inclined to release the appellants on bail during the pendency of appeal.

Let the appellants-Tuhi Ram, Deshraj and Gulzari be enlarged on bail during pendency of appeal on their executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Aligarh in S.T. N0. 856 of 2004 State Vs. Tuhi Ram and others provided the appellants deposit a sum of Rs. 5000/- as fine in the court concerned within a period of one month from today. The recovery of remaining amount of fine shall remain stayed during pendency of appeal.

The Chief Judicial Magistrate will send photocopies of the bail bonds to this Court immediately after its acceptance.




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