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Ram Baboo Alias Kallu And Others v. State Of U.P. - CRIMINAL APPEAL No. 3500 of 2005 [2007] RD-AH 6871 (16 April 2007)


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Hon'ble Imtiyaz Murtaza, J.

Hon'ble Shiv Charan, J.  

This appeal is listed today for considering the prayer for bail on behalf of  the appellant nos. 1 and 3. Appellant nos. 2 and 4 have already been released on bail by this Court.

We have heard learned counsel for the appellants and learned A.G.A. for the State and perused the lower court record and the order of Sessions Judge.

It is contended by learned counsel for the appellants that according to the prosecution case two persons are alleged to have fired upon the deceased but the post-mortem examination report shows only one firearm injury. The presence of the informant is highly doubtful. It is also stated that accused had also fired upon the eye witness but he did not receive any injury and the report is also lodged after about 5 hours.  

The appeal has already been admitted on 18.8.2005 and it was observed that prayer for bail on behalf of appellant nos. 1 and 3 shall be considered after the receipt of the lower court record.

The appeal is not likely to be listed for final hearing in near future.  

Considering the facts and circumstances, we find that the appellant nos. 1 and 3 are admitted to bail.

Pending appeal, the appellant nos. 1 and 3 namely Ram Baboo @ Kallu and Kallu, convicted and sentenced in S.T. No. 411 of 2002 (State Vs. Ram Babu & others) shall be released on bail on their each executing a personal bond and on furnishing two sureties each in the like amount to the C.J.M., Kanpur Dehat.

Realisation of fine shall remain stayed.  

Dated : 16.4.2007



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