High Court of Judicature at Allahabad
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Swadesh Kumar And Another v. State Of U.P. - CRIMINAL APPEAL No. 4678 of 2005  RD-AH 11466 (13 July 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble Vinod Prasad, J.
We have heard Sri G.S.Chaturvedi, Senior Counsel assisted by Sri R.N. Sharma, learned counsel for the appellants and Sri J.S. Sengar, learned Senior Counsel assisted by Sri Sujan Singh, learned counsel for the complainant and learned A.G.A. for the State at great length. We have gone through the judgment under appeal as well as trial court record.
It is contended with vehemence that trial court itself acquitted two accused Lokesh and Onkar Singh on the same evidence and convicted three appellants. It is further contended that ante mortem injury nos. 1, 3 and 5 were caused by one and same weapon and by a single accused. It is also contended that trial judge observed that no wound of exit would be caused in case shot is fired from a country made pistol. He further pointed out that there are some discrepancies in the judgment. It is also contended that all the three appellants were on bail during trial and did not misuse the liberty of bail.
On the other hand, learned counsel for the complaint submitted that the trial court committed no error in convicting the three appellants and the third and fourth ribs as well spinal cord of the deceased were fractured. The incident took place in a broad daylight while the deceased was going to participate in a funeral on the day in question and the appellants are not entitled to bail.
We have given our anxious consideration to the rival contentions raised on behalf of the parties. We are of the opinion that all the three appellants deserve bail.
Let appellants Swadesh Kumar, Brij Raj Singh and Umesh Kumar be released on bail in Sessions Trial No. 22 of 2006 (State vs. Umesh Kumar and others) on their executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of the C.J. M. Hathras subject to their depositing entire amount of fine within a period of one month from today.
The Chief Judicial Magistrate will send photocopies of the bail bonds to the Court immediately.
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