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ARVIND AND ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

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Arvind And Another v. State Of U.P. - CRIMINAL APPEAL No. 2935 of 2005 [2007] RD-AH 12893 (26 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Imtiyaz Murtaza, J.

Hon'ble Vijay Kumar Verma, J.

A prayer for bail has been made on behalf of the appellants, who have been convicted by the judgement and order dated 16.07.2005 passed by Additional Sessions Judge (Special) Baghpat, in S.T. No. 07 of 2000 (State Vs. Arvind and another).

Heard learned counsel for the appellants, learned A.G.A. for the State and Sri Vivek Kumar Singh, learned counsel for the complainant and also perused the order of Sessions Judge as well as the lower Court record.

In this case, allegation against the appellants is that they have committed murder of their brother Kalu and uncle Sehdev.  

It is submitted by the counsel for the appellants that it was a case of sudden quarrel. Kalu had committed the murder of Chhotu, nephew of the appellants. All the three dead bodies were found lying in the field.  The counsel for the appellants further submits that it was a case of sudden provocation and the weapon of assault was phawaras, which the appellants were using in their field.

Considering the facts and circumstances of the case, the appellants may be released on bail.

Pending appeal, the appellants Arvind and Gajendra be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.

Till further orders, realization of fine shall also remain stayed.

26.07.2007

Yc/Crl. Appeal No. 2935 of 2005


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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