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RAM SWAROOP & OTHERS versus STATE OF U.P.

High Court of Judicature at Allahabad

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Ram Swaroop & Others v. State Of U.P. - CRIMINAL APPEAL No. 3733 of 2006 [2006] RD-AH 11274 (11 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Mukteshwar Prasad, J.

Hon'ble Vinod Prasad, J.

We have heard learned counsel for the appellants and learned A.G.A. for the State. We have gone through the impugned judgment as well as trial court record.

Admit.

Office is directed to summon the trial court record within a period of four weeks.

List in the month of September, 2006.

It is contended that out of four appellants, Ram Swaroop and Mewa Ram were alleged to have caught hold the deceased. Thereafter, appellants no. 3 and 4 were said to have caused a number of injuries with sword and knife. As a result of ante-mortem injuries, the deceased fell down and succumbed to his injuries while he was being taken to the Police Station. It is also urged that all the four appellants were on bail during trial and they did not misuse the liberty of bail.

On the other hand, learned A.G.A. has not disputed the aforesaid submissions made on behalf of the appellants.

Having considered the submissions made on behalf of the appellants, facts and circumstances of the case, we find it appropriate to release appellant no. 2 (Mewa Ram) only on bail during pendency of appeal.

Let appellant no. 2 (Mewa Ram) 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. 539 of 2002, State Vs. Ram Swaroop and others provided the appellant deposits a sum of Rs. 5000/- as fine in the court below within a period of one month from today. The recovery of remaining amount of fine shall remain stayed during pendency of appeal.

The prayer for bail of appellants no. 1, 3 and 4 (Ram Swaroop, Bhoora @ Mool Chand and Khanai Lal) shall be considered on receipt of record.

The Chief Judicial Magistrate will send photocopies of the bail bonds to this Court immediately after its acceptance.

11.7.2006

OP/3733/06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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