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TEJVIR SINGH & ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

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Tejvir Singh & Another v. State Of U.P. - CRIMINAL APPEAL No. 4361 of 2006 [2006] RD-AH 13141 (7 August 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 K.N. Ojha, J.

Heard learned counsel for the appellants, learned A.G.A.  and perused the judgment in question .

Admit.

Summon the lower court record within six weeks.

It is contended on behalf of the appellants that appellant no. 2 was on bail during trial in the court below and he has been assigned no role in the F.I.R.  It is contended that doctors, who conducted the medical examination/treatment, found one bullet from the injuries which could not be fired from the country made pistol. The presence of P.W. 2 Bahadur at the scene of incident appears to be highly doubtful.

On the other hand, learned A.G.A. submitted that main role of shooting has been assigned to Tejvir Singh, who had strong motive to commit the crime. The incident took place in the broad daylight in the month of July 2004 and Bahadur was accompanying the injured.

Having considered the submissions made on behalf of the parties and the impugned judgment, we find it appropriate to release the appellant on bail.

Let the appellants Choni be released on bail during pendency of the appeal in S.T. No.  800 of 2004 (State vs. Tejvir Singh 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. Moradabad.

The appellants are allowed six weeks' time from today to deposit entire amount of fine in the court below.

The prayer for bail of appellant no. 1, Tejvir Singh shall be considered after receipt of record.

Dated: 7.8.2006

SU. 4361-06


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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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