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Shyam Vir Singh & Others v. State Of U.P. - CRIMINAL APPEAL No. 2793 of 2006  RD-AH 9931 (19 May 2006)
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 and learned A.G.A. for the State. We have gone through the impugned judgment also.
It is contended that appellant no. 3 (Indra Pal Singh) is said to have committed the murder of Budhpal Singh by firing a shot and appellants no. 1 and 2 were armed with lathies and they are said to have assaulted Munendra Pal Singh, son of the deceased. It is also contended that all the appellants were on bail during trial and there is nothing on record to indicate that they have misused the liberty allowed to them. He further contended that final hearing of the appeal is not possible in near future.
On the other hand, learned A.G.A. has submitted that appellants no. 1 and 2 assaulted the son of the deceased mercilessly with their lathies.
Taking into consideration the entire submissions made on behalf of the parties and all facts and circumstances of the case, we find it appropriate to enlarge appellants no. 1 and 2 (Shyam Vir Singh and Shyam Pal @ Baba Bhagwaan Das) on bail during pendency of appeal.
Let the appellants-Shyam Vir Singh and Shyam Pal @ Baba Bhagwaan Das 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., Pilibhit in S.T. No. 76 of 2005 State Vs. Indra Pal Singh and another and S.T. No. 207 of 2005 State Vs. Shyam pal @ Baba Bhagwaan Das Subject to their depositing Rs.5000/- as fine in the court below within a period of one month from today. The recovery of remaining amount of fine shall remain stayed during pendency of appeal.
So far as bail prayer of appellant no. 3 (Indra Pal Singh) is concerned, the same shall be considered after receipt of record.
The Chief Judicial Magistrate will send photocopies of the bail bonds to the Court immediately.
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