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Surendra Singh Arakh v. State Of U.P. - CRIMINAL APPEAL No. 910 of 2007 [2007] RD-AH 4594 (15 March 2007)


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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.

It is contended by the learned counsel for the appellant-accused that the appellant is not figured as an accused in the first information report. The statement of P.W.3 to the effect that he had seen the appellant participating in the murder of the deceased does not inspire confidence, as he belongs to the family of the informant and he did not disclose this fact after the recovery of the dead body.

We have taken into account the entire facts and circumstances of the case, but without expressing any opinion on the merit thereon, the appeal is admitted.

Issue notice.

The appellant Surendra Singh convicted under Sections 302/34 IPC in S.T. No. 789 of 2001, Police Station Bindki, District Fatehpur 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 fine imposed upon the appellant-accused shall remain stayed during the pendency of his appeal before this Court.

Dated : 15th March, 2007.



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