High Court of Judicature at Allahabad
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Bijan Pal And Others v. State Of U.P. - CRIMINAL APPEAL No. 4184 of 2005  RD-AH 3858 (3 October 2005)
Hon'ble M.C. Jain, J.
Hon'ble K.K.Misra, J.
We have heard learned counsel for the appellants and learned A.G.A. on the bail prayer during the pendency of the appeal. The impugned judgment has been perused.
As per the testimony of the eyewitness--Telu Ram PW 2, the fatal injury on the head of the deceased Shiv Kumar had been caused by the appellant no.1--Bijan Pal. The deceased had received only this fatal injury on his head.
Under the circumstances, we order that the appellants no.2, 3 and 4, namely, Dharmveer, Kalu and Smt. Bharti convicted and sentenced in Sessions Trial Nos. 364 of 2000--State Vs. Bijan Pal and others and 536 of 2000--State Vs. Smt. Bharti shall be released on bail during pendency of the appeal on each of them depositing 50% of amount of fine imposed by the trial court and on each of them executing a personal bond and furnishing two sureties each of Rs.25,000/- to the satisfaction of the C.J.M., Saharanpur.
The C.J.M., Saharanpur shall send the photocopies of the bail bonds to this Court within two weeks from the date of execution for the purposes of record.
Summon the record of the lower court in six weeks.
Bail prayer of appellant no.1 shall be considered on the receipt of record.
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