High Court of Judicature at Allahabad
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Shiv Charan And Others v. State Of U.P. - CRIMINAL APPEAL No. 4206 of 2005  RD-AH 3892 (3 October 2005)
Hon'ble M.C. Jain, J.
Hon'ble K.K.Misra, J.
We have heard learned counsel for the appellants on the bail prayer during the pendency of the appeal. Sri M.C. Joshi, learned A.G.A. has also been heard. The impugned judgment has been perused.
The deceased allegedly had illicit relations with the wife of appellant no.1 Shiv Charan. The dead body of the deceased was recovered from the house of the appellant no.1 Shiv Charan. The deceased had allegedly been called by the appellant no.1 Shiv Charan to his house and thereafter only the dead body was recovered. There is no direct evidence against appellant no.2 Chhanga.
Under the circumstances, we order that appellant no.2--Chhanga convicted and sentenced in Sessions Trial No. 915 of 2000 (State versus Shiv Charan and another), shall be released on bail during pendency of the appeal on his executing a personal bond and furnishing two sureties each of Rs.25,000/- to the satisfaction of the C.J.M., Muzaffar Nagar.
The realisation of fine imposed upon him shall remain stayed during pendency of the appeal.
The C.J.M., Muzaffar Nagar 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 Shiv Charan shall be considered on the receipt of record.
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