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Shyam Kishore Pandey v. State Of U.P. - CRIMINAL APPEAL No. 1932 of 2007 [2007] RD-AH 5384 (26 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


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 nos. 1932 of 2007 and 1860 of 2007.

Heard Sri Sarvesh, learned counsel for the appellant-accused, Sri D.V. Singh, 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 appellant-accused that no role has been assigned to the appellant in the first information report and the co-accused Habib Alam, Lakhan Singh and Sandeep Shukla, similarly situated under the same facts and circumstances, have already been released on bail. The case of the appellant is identical to the case of co-accused, therefore, he may be released on bail.

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.

Connect this criminal appeal with criminal appeal nos. 1836 of 2007 and 1860 of 2007.

The appellant Shyam Kishore Pandey 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 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 half of the fine imposed upon the above-named appellant-accused shall remain stayed during the pendency of his appeal before this Court and the remaining half of the fine shall be deposited forthwith.

Appellant-accused is directed to furnish an undertaking before the C.J.M. concerned that he 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.

Dated : 26th  March, 2007.



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