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Kalp Nath Chaudhary v. State Of U.P. - CRIMINAL APPEAL No. 1742 of 2007  RD-AH 5343 (26 March 2007)
Hon'ble R.C. Deepak,J.
Hon'ble K.N. Ojha,J.
Learned A.G.A. submits that the objection has already been filed in criminal appeal no. 1741 of 2007.
The criminal appeal no. 1742 of 2007 of Kalp Nath Chaudhary and criminal appeal no. 1939 of 2007 of Ram Chandra arise out of judgment and order dated 1.3.2007 and the prayer made therein to release on bail is being heard together and is disposed of by a common order.
Heard Sri D.S. Yadav, learned counsel for the appellant-accused Ram Chandra and Sri S.S. Tripathi, learned counsel for the appellant-accused Kalp Nath Chaudhary, Sri Snehil Srivastava, learned counsel for the informant, learned A.G.A. for the State and perused the impugned judgment.
It is contended by the learned counsel for the appellants-accused that the appellant Kalp Nath Chaudhary was alleged to have armed with country made pistol but there is no fire arm injury either on the person of the deceased Shailendra or the injured Jokhan, therefore, his case is distinguishable from the case of co-accused Ram Chandra.
On the other hand learned counsel for the informant and learned A.G.A. submit that the appellant Ram Chandra was armed with lathi and there are lathi injuries on the person of the deceased as well as on the person of injured and the trial court record in co-appellant case has already been summoned and 16th May, 2007 is fixed for the disposal of the prayer for bail.
Considering the facts and circumstances of the case but without expressing any opinion thereon, the appeal is admitted.
Connect the criminal appeal nos. 1742 of 2007 and 1939 of 2007 with criminal appeal no. 1741 of 2007.
The appellant Kalp Nath Chaudhary convicted under section 148, 302/149, 323/149, 201, 436, 336 IPC in S.T. No. 91 of 2000, P.S. Mahuli, District Sant Kabir 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 realization of fine imposed upon the appellant-accused shall remain stayed during the pendency of his appeal.
Office is directed to summon the trial court record within six weeks.
List on 16th May, 2007.
The prayer for bail of the appellant-accused Ram Chandra shall be considered after the receipt of the trial court record.
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