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Sukhvir & Another v. State Of U.P. - CRIMINAL APPEAL No. 6897 of 2006 [2007] RD-AH 12641 (23 July 2007)


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Hon'ble Imtiyaz Murtaza, J.

Hon'ble Vijay Kumar Verma,J.

Prayer for bail has been made on behalf of appellants, who have been convicted by the judgment and order dated 07.11.2006 passed by Sri Kulvinder Singh Jaggi, Additional Session Judge,  Ghaziabad , in S.T. No. 1558 of 1998 under section 302/34 IPC.

Heard counsel for the appellant-accused and learned AGA for the State-respondent and also perused the record.

It is submitted by learned counsel for the appellants that the findings of trial court are based on the testimony of single witness and presence of witnesses at the time of occurrence is highly doubtful. It is further contended that there is                 inordinate delay in lodging the report. There was enmity also between the parties.

Considering the facts and circumstances of the case, nature of allegation and evidence on record, we are of the opinion that the appellants may be released on bail.

Pending appeal, the appellant Sukhvir and Surendra be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.

Till further orders, realization of fine shall remain stayed.

Dt. 23.07.2007

v.k.updh/Crl.a. 6897/06


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