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Nand Kishore @ Nandu v. State Of U.P. - CRIMINAL APPEAL No. 4934 of 2006  RD-AH 14819 (30 August 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble Barkat Ali Zaidi, J.
We have heard learned counsel for the appellant and learned A.G.A. for the State and perused the impugned judgment.
Office is directed to summon the trial court record within a period of six weeks.
It is contended that Atar Singh, who is non-appellant, is the main accused and Atar Singh has been assigned the role of shooting. So far as appellant is concerned, he is said to have fired in the air. He was on bail in the court below and did not misuse the liberty of bail.
Looking to all facts and circumstances of the case and the role played by the appellant, we are inclined to release the appellant on bail during pendency of appeal.
Let the appellant-Nand Kishore @ Nandu 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., Jalaun in S.T. No. 181 of 2003 State Vs. Nand Kishore and another.
The appellant is allowed one-month time from today to deposit the entire amount of fine in the court below.
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