High Court of Judicature at Allahabad
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Nahar Singh v. State Of U.P. - CRIMINAL APPEAL No. 1546 of 2005  RD-AH 1131 (17 January 2006)
Hon'ble K.K. Misra,J.
Hon'ble Mukteshwar Prasad,J.
Heard learned counsel for the appellant and learned A.G.A on the prayer for bail.
The contention of the learned counsel for the appellant is that the four persons have been assigned the role of shooting. The deceased has received only one gun shot injury. The incised wound of the deceased has not been explained by the prosecution. Moreover, the injured witnesses examined at the trial have not supported the prosecution case.
Considering all the facts and circumstances of the case, we are of the view that appellant Nahar Singh is entitled to be released on bail . Let appellant Nahar Singh convicted under section 302/34 and 307/34 IPC and sentenced thereunder in Sessions Trial no. 157 of 1995 ( State Vs. Nahar Singh & an other) and Sessions Trial No. 974/2001( State Vs. Jai Prakesh alias Pappu Pandit) be released on bail during the pendency of appeal on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Bulandshahar.
The C.J.M, Bulandshahar , shall send photocopies of personal and surety bonds executed and furnished by and on behalf of the accused- appellant to this Court soon thereafter.
Realization of fine shall remain stayed if Rs.2,500/- out of the fine imposed by the trial court is deposited within one month .
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