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Lakhan Singh & Another v. State Of U.P. - CRIMINAL APPEAL No. 1860 of 2007 [2007] RD-AH 4993 (21 March 2007)


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Court No.45

Criminal Appeal No.1860 of 2007

Lakhan Singh & Another ......... Appellants


State of U.P. .......... Opposite Party

Hon'ble R.C. Deepak, J.

Hon'ble K.N. Ojha, J.

Criminal Appeal no.1860 of 2007 of Lakhan Singh and Sandeep Shukla and Criminal Appeal no. 1836 of 2007 of Habib Alam arise out of a common order dated 8.3.2007 passed by learned Addl. District & Sessions Judge, Kanpur Nagar in S.T. No.1326 of 2000 under Sections 147, 148, 149, 307, 302 IPC pertaining to police station Nawabganj, District Kanpur Nagar whereby the appellants-accused have been convicted under Sections 302/149, 307/149, 148 & 147 IPC and sentenced to life imprisonment and fine, 10 years R.I. and fine, 3 years R.I. and fine and 2 years R.I. and fine respectively. They have made the prayer for their release on bail during the pendency of their appeal.

The prayer for bail of the appellants-accused in both the Appeals is being heard together and is disposed of by a common order.

Objection filed by the State be taken on record.

Heard Sri Prashant Kumar Singh, learned counsel for the appellants-accused Lakhan Singh and Sandeep Shukla, Sri A.K. Sachan, learned counsel for the appellant-accused Habib Alam, Sri D.V. Singh, learned counsel for the informant, learned A.G.A. for the State and perused the objection and the impugned judgment.

It has vehemently been argued by the learned counsel for the appellants-accused that the appellants did not appear to have caused any injury to the deceased, but it is alleged that the co-accused Rajendra Verma has caused firearm injury on the person of Ajai Pratap Singh resulting into his death and the presence of solitary firearm injury on the person of the victim excludes the participation of the appellants in the occurrence. Therefore, the case of the appellants is distinguishable from the case of co-accused Rajendra Verma.

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

Issue notice.

Connect this criminal appeal with criminal appeal no.1836 of 2007.

The appellants Lakhan Singh, Sandeep Shukla and Habib Alam convicted under Sections 302/149, 307/149, 148 & 147 IPC in S.T. No. 1326 of 2000, Police Station Nawabganj, District Kanpur Nagar shall be released on bail on their furnishing personal bonds of Rs.50,000/- each 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 appellants-accused Lakhan Singh, Sandeep Shukla and Habib Alam shall remain stayed during the pendency of their appeal before this Court and the remaining half of the fine shall be deposited forthwith and the same shall be released in favour of the widow of the deceased Ajai Pratap Singh as compensation.

Appellants-accused are directed to furnish an undertaking before the C.J.M. concerned that they will not indulge in any criminal activity and will not cause either any threat or any physical violence to the informant/complainant and their family members and to the witnesses of the case. If any such report/complaint is made by any of the above person either to the court or the police, it shall be properly inquired into and if any substance therein is found, it shall be open for the court below to report to this Court so that the bail may be cancelled.

The appellants are further directed to put in their appearance before the Station Officer of the police station concerned once in a month, who shall maintain the record  in this regard and shall have careful watch upon the activities of the appellants and if they are found involved in any criminal activities, he shall report the matter to the C.J.M. concerned forthwith, who shall report the matter to this Court.

Dated : 21st March, 2007.



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