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Ram Babu v. State Of U.P. - CRIMINAL APPEAL No. 3683 of 2005 [2007] RD-AH 14371 (22 August 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 the appellant, who has been  convicted for life imprisonment under Section 302 I.P.C. and a fine of Rs. 2000/-  vide judgment and order dated 23.7.2005 passed in S.T. No. 247 of 2003 by Additional Sessions Judge,  Court No. 7, Etah.

Heard learned counsel for the appellant and learned A.G.A. for the State and perused the lower court record as well as the order of Sessions Judge.  

It is submitted by learned counsel for the appellant that the occurrence  took place after some altercation and there was no such motive for the appellant to commit the crime. According to the prosecution case the appellant had inflicted a single blow and there was no repetition of blow on the part of appellant. The deceased did not die on the spot. The appellant has been in jail for more than 4 years.  

Considering the facts and circumstances of the case, nature of allegations and gravity of the offence, in our opinion, the appellant is entitled to bail.

Pending appeal the appellant Ram Babu convicted in S.T. No. 247 of 2003 shall be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Realisation of fine shall also remain stayed till further orders.

Dated : 22.8.2007


Crl. Appeal 3683/05


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