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Raju Sharma Alias Rajeev Sharma v. State Of U.P. - CRIMINAL APPEAL No. 7618 of 2006  RD-AH 223 (4 January 2007)
Hon'ble Mukteshwar Prasad, J.
Hon'ble Vijay Kumar Verma, J.
We have heard Sri Sushil Shukla and Sri L. M. Singh, learned counsel for the appellants and learned A.G.A. for the State also. We have perused the impugned judgement.
Connect this Appeal with Criminal Appeal No. 7611 of 2006.
The objections filed on behalf of the State are taken on record.
Both the appeals are admitted. Summon the Trial Court record within eight weeks.
It is contended on behalf of the appellants that five persons were named in the F.I.R. and they were said to have committed murder of one Sri Sonu Kapoor on 14.01.2002 at about 7.30 p.m. All the appellants along with one Om Prakash were allegedly armed with countrymade pistols. However, the Doctor found only two gun shot wounds on the body of the deceased. It is further urged that all the appellants were on bail during trial. It is also contended that the witnesses, Amit Vajpayee and Vinod Mishra are not independent and they are involved in several cases.
On the other hand, learned A.G.A. has submitted that Raju Sharma and Jitendra Tiwari wanted to grab the tea stall of the deceased and had strong motive to commit murder. The incident of murder was reported to the police the same night at 9.45 p.m. in which all the appellants have been nabbed.
Considering all facts and circumstances of the case as well as submissions made on behalf of the parties, we find it appropriate to release the appellants Anil Tiwari and Ajay Shukla on bail during pendency of the appeal.
Let the appellants, Anil Tiwari and Ajay Shukla be released on bail during pendency of the appeal in S.T. No. 620 of 2003 (State Vs. Jitendra Kumar Tiwari and others) on their executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of the C.J.M. concerned.
If the appellants, Anil Tiwari and Ajay Shukla deposit Rs.5000/- in the Court below within a period of one month from today, the recovery of remaining amount of fine shall remain stayed.
The prayer for bail of appellant Raju Sharma and Jitendra Kumar Tiwari shall be considered after receipt of the record.
Yc/Crl. Appeal No. 7618/06
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