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Chhotey & Another v. State Of U.P. - CRIMINAL APPEAL No. - 1664 of 2004  RD-AH 14673 (30 August 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. 44
Criminal Appeal No. 1664 of 2004
2. Bharat Singh ..............Appellants
State of U.P. .............Opp. Party
Hon'ble Imtiyaz Murtaza, J.
Hon'ble K.N. Ojha, J.
Prayer for bail has been made on behalf of the appellants, who have been convicted under Section 302 I.P.C. and sentenced for life imprisonment vide judgment and order dated 16.3.2004 passed by Sessions Judge, Mainpuri in S.T. No. 62 of 1996.
Heard learned counsel for the appellants and learned A.G.A. for the State.
According to the prosecution case, the deceased was done to death by 5 persons in their house in the night of 17.3.1993. The Sessions Judge convicted only two appellants and acquitted one co-accused Ramvir and two co-accused died during the trial.
It is submitted by learned counsel for the appellants that defence of the appellants is that the deceased entered in their house for committing rape with Ishwari Devi and in the exercise of right of private defence, the deceased was killed by the accused persons. It is further submitted that the trial court also disbelieved the prosecution case with respect to accused Ramvir and acquitted him. It is also submitted that two appellants have been convicted under Section 302 I.P.C. and there is no evidence that any one of them was author of the fatal injuries sustained by the deceased. In the post mortem examination report 12 injuries were mentioned and most of them were simple in nature.
Perused the lower court record as well as the order of Sessions Judge.
Considering the facts and circumstances of the case and the fact that the appellants were on bail during the trial and they did not misuse the liberty, in our opinion, the appellants are entitled to bail.
Pending appeal the appellants Chhotey and Bharat Singh convicted in S.T. No. 62 of 1996 shall be released on bail on their each 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 : 30.8.2007
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