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Ammar Singh And Another v. State Of U.P. - CRIMINAL APPEAL No. 5164 of 2004 [2004] RD-AH 1036 (6 October 2004)


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Hon'ble R.C.Deepak, J.

Heard learned counsel for the accused-appellants, learned Addl. Government Advocate for the State and perused the judgment.

The learned counsel for the accused-appellants submits that the injured Vijai Narain suffered a fracture in his left hand and the other injuries found on the person of the injured appeared to be simple in nature. The nature of the injuries found on the person of the injured, the evidence on record and the prevailing circumstance do not constitute an offence punishable under Section 307 IPC. Co-accused Dashrath Pasi, Sambhu Singh and Hari Kishan Singh have already been granted bail by this Hon'ble Court. The appellants had been on bail during trial and they had not misused the privileges granted to them.  There is no possibility that the appeal be heard in the near future.

Considering the arguments of the learned counsel for the parties, as stated above, but without expressing any opinion of their arguments on merit, the appeal is admitted.

Issue notice.  

Appellants Ammar Singh and Anand Narain Singh convicted under Sections 147, 148, 307/149,325/149 IPC in Sessions Trial No. 132 of 1995 shall be released on bail on their  furnishing  a  personal  bond  with two sureties each in the like amount to the satisfaction of Court concerned.

The realization of fine shall also remain stayed during the pendency of their appeal before this Hon'ble Court.

Dated: 06th  October, 2004.

PKG/ 11 (5164/04)


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