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Sushil Kumar Tiwari v. State Of U.P. - CRIMINAL APPEAL No. 3142 of 2005 [2007] RD-AH 6909 (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.

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

Learned counsel for the appellant submits that in the first information report the role of assault has been assigned to the accused persons but in evidence the witnesses have specified the role of assault and disclosed that only the appellant had assaulted with knife. A knife was also recovered on his pointing out.  

The appeal has already been admitted on 1.8.2005 and it was observed that prayer for bail shall be considered after the receipt the lower court record.

The Sessions Judge did not believe the statements of witnesses so far as the role of assault is concerned.  

Considering the facts and circumstances, we find that the appellant is admitted to bail.

Pending appeal, the appellant Sushil Kumar Tiwari convicted and sentenced in S.T. No. 905 of 2004 (State Vs. Sushil Kumar & others) shall be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the CM.M., Kanpur Nagar.

Realisation of fine shall remain stayed.  

Dated : 16.4.2007



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