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Babu Qureshi v. State Of U.P. - CRIMINAL APPEAL No. 4154 of 2005 [2007] RD-AH 6671 (12 April 2007)


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Hon'ble Imtiyaz Murtaza, J.

Hon'ble Shiv Charan, J.

Heard learned counsel for the appellant and learned A.G.A. for the State.

This appeal has been filed by the counsel for the appellant with a prayer to release the appellant on bail during the pendency of the appeal.

It is contend by learned counsel for the appellant that the occurrence took place at the whisper of moment and there was no pre meditation. The eye witnesses did not support the prosecution case. There is only dying declaration. The appellant was also on bail during the trial and he did not misuse the liberty. The appeal is not likely to be decided in near future. It is further contended that the Sessions Judge had wrongly convicted the appellant under Section 302 I.P.C. At the most it was a case under Section 304 I.P.C.

We have perused the judgment and order of the Sessions Judge and the lower court record.

Considering the facts and circumstances of the case, the appellant is admitted to bail.

Pending appeal, the appellant, Babu Qureshi, convicted and sentenced in S.T. No. 541of 1999 (State Vs. Babu Qureshi and another) shall be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Rampur.

Realization of fine shall also remain stayed.

Dated: 12.4.2007



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