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Seva Lal Pal v. State Of U.P. - CRIMINAL APPEAL No. 7780 of 2006 [2007] RD-AH 1548 (31 January 2007)


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Hon'ble Mukteshwar Prasad J.

Hon'ble K.N. Ojha, J.

Heard Sri V.P. Srivastava, learned Senior Advocate, assisted by Sri Nikhil Kumar, appearing for the appellant, Sri Viresh Misra, learned Senior Advocate, assisted by Sri Amit Misra, learned A.G.A. appearing for the complainant and perused the judgment in question.

The objection filed on behalf of State under Section 389 Cr.P.C. is taken on record.

The appeal is admitted.

Summon the lower court record within a period of eight weeks.

It is contended that appellant has been convicted under Section 302 I.P.C. read with Section 120-B I.P.C.  He was on bail during trial and did not misuse the liberty of bail. It was alleged that appellant was instrumental in murder of Atma Ram as the deceased had advanced considerable loan to the appellant. However, this was not established by reliable evidence and appellant was convicted on the basis of surmises and conjectures.

Considering all facts and circumstances of the case and submissions made before us, we find it appropriate to release the appellant on bail during pendency of the appeal.

Let appellant Seva Lal Pal be released on bail during pendency of the appeal in S.T. No.  33 of 2005 (State versus Ramdas and others) on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the C.J. M., Sant Ravi Das Nagar, Bhadohi.

If the appellant deposits a sum of Rs. 5,000/- as fine in the court below within a period of six weeks from today, the recovery of remaining amount of fine shall remain stayed during pendency of appeal.

Dated: 31.1.2007

SU. 7780-06


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