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Dharmvir & Another v. State Of U.P. - CRIMINAL APPEAL No. 7456 of 2006 [2007] RD-AH 901 (15 January 2007)


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Hon'ble Mukteshwar Prasad, J.

Hon'ble K.N. Ojha, J.

We have heard Sri B.K. Tripathi, learned counsel for the appellants, Sri Rajiv Chaddha, learned counsel for the complainant and learned A.G.A. for the State also. We have gone through the impugned judgment as well as objection filed on behalf of the State under Section 389 Cr.P.C., the same is taken on record.

The appeal is admitted.

Issue notice.

Connect this appeal with Criminal Appeal no. 6510 of 2006.

The office is directed to summon the trial court record.

It is contended that co-accused Rajendra Pal who was also armed with a lathi was bailed out by this Court on 1.11.2006. The accusations against the appellant no.1 are identical and he was allegedly armed with a Danda. Moreover, the appellant no.1 had no motive to commit the murder.

On the other hand, learned counsel for the complainant and learned A.G.A. have submitted that all the three accused who have been convicted had common intention to commit murder of Alok Kumar and they in furtherance of their common intention committed the murder. Moreover, the appellant no.1 did not appear on several dates during trial and misused the liberty of bail. Learned A.G.A. has urged that Smt. Kamla Singh who sustained injuries during the course of incident reported the incident promptly at 3-45 P.M.

Considering all facts and circumstances of the case and the submissions made before us, we are inclined to release the appellant no.1 (Dharmvir) on bail during pendency of appeal.

Let the appellant no.1 (Dharmvir) be released on bail during pendency of appeal on his executing a personal bond and furnishing two sureties, each in the like amount of C.J.M., Gorakhpur in S.T.No. 97 of 2001 State Vs. Yogendra Pal and others.

If the appellant no.1 (Dharmvir) deposits a sum of Rs.5,000/- as fine within a period of six weeks from today in the court below, the recovery of remaining amount of fine shall remain stayed against him only during pendency of appeal.

So far as the bail prayer of appellant no.2 (Yogendra Pal) is concerned, the same shall be considered after receipt of record.




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