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Mohar Singh v. State Of U.P. - CRIMINAL APPEAL No. 758 of 2007  RD-AH 3950 (8 March 2007)
Hon'ble R.C. Deepak, J.
Hon'ble K.N. Ojha, J.
Objection filed by the State, be taken on record.
Heard learned counsel for the appellant-accused, learned A.G.A. for the State and perused the objection and the impugned judgment.
Learned counsel for the appellants-accused contends that there is no evidence to show the participation of the appellant in committing the murder of the deceased. The evidence, which appears against him is that he was last seen with the company of the deceased and he was having illicit relations with the wife of the deceased. A knife alleged to have been recovered at his pointing, but the same was not found bloodstained, so it could not connect with the offence. So far as the illicit relations is concerned, it may be a motive, but the motive alone cannot form the basis of conviction in such murder case.
We have taken into account the entire facts and circumstances available before us and we are of the opinion that the appellant has made out a case for his release on bail. Consequently, the appeal is admitted.
The appellant Mohar Singh convicted under Section 302 IPC in S.T. No. 190 of 2001, Police Station Hathras Gate, District Hathras shall be released on bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine imposed upon the appellant-accused shall remain stayed during the pendency of his appeal and the remaining half shall be deposited forthwith.
Dated : 8th March, 2007.
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