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Har Pal v. State Of U.P. - CRIMINAL APPEAL No. 7439 of 2006 [2007] RD-AH 193 (4 January 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).


Hon'ble Mukteshwar Prasad, J.

Hon'ble Vijay Kumar Verma, J.

We have heard learned counsel for the appellant and learned A.G.A. for the State. We have gone through the impugned judgment as well as the objection filed on behalf of the State. The objection filed on behalf of the State is taken on record.


It is contended that the appellant did not cause any injury to the deceased or to the informant or to Alok Kumar. It is further contended that co-accused Pappu who caused injury to Alok Kumar was bailed out by this Court on 29.11.2006 and as such, the appellant is also entitled to bail on the ground of parity. It is also urged by the appellant's learned counsel that the appellant was on bail during trial.

On the other hand, learned A.G.A. has submitted that all the three accused were armed with knives and they committed murder in broad daylight.

Considering the facts and circumstances of the case and the role assigned to the present appellant, the appellant is entitled to bail during pendency of appeal.

Let the appellant-Har Pal be enlarged on bail during pendency of appeal on his executing a personal bond and furnishing bonds of two sureties each in the like amount to the satisfaction of C.J.M., Budaun in S.T. No. 798 of 1998 State Vs. Dinesh and others and in S.T. No. 842 of 1998 State Vs. Dinesh.

The realization of fine imposed on the appellant shall remain stayed.




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