High Court of Judicature at Allahabad
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Bal Ram And Others v. State Of U.P. - CRIMINAL APPEAL No. 3525 of 2006  RD-AH 10945 (5 July 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble Vinod Prasad, J.
Summon the trial court record within a period of four weeks.
The bail payer of appellants no. 1 and 3 (Bal Ram and Hardev) shall be considered after receipt of record.
We have heard learned counsel for the appellants and learned A.G.A. for the State. We have perused the impugned judgment also.
It is contended on behalf of the appellants that all the three appellants were allegedly armed with guns as mentioned in the F.I.R. and all the three were said to have fired at the deceased (Motiram). It is urged that P.W.2 Smt. Hira Kali, wife of the deceased, who was allegedly accompanying him gave a death blow to the prosecution by saying that one of the appellants (Har Prasad) was armed with a Kanta and the prosecution changed the prosecution version after looking to the ante-mortem injuries. It is also urged that the appellants were on bail during trial and they did not misuse the liberty of bail.
On the other hand, learned A.G.A. has submitted that besides the deceased who sustained firearm injuries as well as incised wounds. Smt. Hira Kali had two contusions on her body and she was assaulted by the appellants in the course of same incident.
In view of the aforesaid facts and circumstances of the case and particularly the testimony of the wife of the deceased, we consider it appropriate to release the appellant no. 2 on bail during pendency of appeal.
Let the appellant no.2 (Har Prasad) be enlarged on bail during pendency of appeal on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Pilibhit in S.T. No. 118 of 1999 (case crime no. 83/99) State Vs. Balram and others provided the appellant deposits the entire amount of fine in the court below within a period of one month from today.
The Chief Judicial Magistrate will send photocopies of the bail bonds to this Court immediately after its acceptance.
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