High Court of Judicature at Allahabad
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Mohd. Mushir v. State Of U.P. - CRIMINAL APPEAL No. 1593 of 2007  RD-AH 4268 (13 March 2007)
Hon'ble K.N.Ojha, J.
Objection filed by the State, be taken on record.
Heard learned counsel for the appellant-accused, learned AGA for the State and perused the objection and impugned judgment.
It is contended by the learned counsel for the appellant accused that the appellant is alleged to have armed with bomb but he did not appear to have exploded the bomb. The presence of solitary fire arm injury on the person of the deceased alleged to have caused by co-accused Shakeel, excludes the participation of the appellant in the alleged offence.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit of the case, the appellant has made out a case for his release on bail.
The appellant Mohd. Mushir convicted under Section 302/34 IPC in Sessions Trial No. 310 of 2001 P.S. Chamanganj Distt. Kanpur Nagar 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 the fine imposed upon the appellant shall remain stayed during the pendency of his appeal before this Court.
Dt/- 13th March, 2007
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