BABAJI ALIAS RISHIPAL AND ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Babaji alias Rishipal and another v. State of U.P. - CRIMINAL APPEAL No. 5240 of 2004 [2004] RD-AH 1092 (8 October 2004)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.C.Deepak, J.

Heard Sri P.N. Mishra, learned Senior Counsel assisted by Sri Apul Mishra, learned counsel for the accused-appellants, Sri Jitendra Pal Singh, learned counsel for the informant/complainant, learned Addl. Government Advocate for the State and perused the judgment.

It is contented by the learned counsel for the accused-appellants that three persons allegedly were going on the same scooter. Two persons (deceased) have been done to death, but the informant did sustain even no scratch whereas he was equally inimical to the accused-appellants. He further submits that the presence of prosecution witness Dharamveer also becomes doubtful, as it is alleged that he grazing the cattle nearby the spot away from 1 kilometer from his residence. The accused-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 Babaji alias Rishipal and Sushil convicted  under Sections  302/34 IPC in S. T. No. 850 of 1993 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: 8.10.2004

MH/5240

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