BALVINDAR versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Balvindar v. State Of U.P. - CRIMINAL APPEAL No. 1588 of 2007 [2007] RD-AH 4356 (14 March 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

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 AGA for the State and perused the objection and impugned judgment.

It is contended by the  learned counsel for the appellant-accused that it is alleged that the appellant alongwith co-accused Sri Kant had taken away the deceased from his house. Thereafter his dead body was recovered at the joint pointing of both of them. His contention is that there is no other evidence to indicate the participation of the appellant accused in the commission of the murder of the deceased Ashok as he had no motive to join hands with co-accused Sri Kant, on whose pointing a Gandasa alleged to have been recovered. Therefore, the case of appellant is distinguishable from the case of co-accused Sri Kant.

We have taken into account the arguments of the learned counsel for the parties, the facts and circumstances of the case but without expressing any opinion on the merit thereon, we are of the view that the appellant  appears to have made out a case for his release on bail.

The appellant Balvindar convicted under Section 302, 201, 342 IPC in Sessions Trial No. 190 of 2005 P.S. Madhotanda Distt. Pilibhit 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/- 14th March, 2007

PKG/4 (1588/07)

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