High Court of Judicature at Allahabad
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Kunwar Pal v. State Of U.P. - CRIMINAL APPEAL No. 5249 of 2006  RD-AH 15683 (8 September 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
We have heard learned counsel for the appellant and learned A.G.A. for the State and perused the impugned judgment.
Summon the trial court record within a period of six weeks.
It is contended that co-accused Balbir and Hari Singh have already been bailed out by this Court. Moreover, the appellant had no motive to commit the crime. He was on bail in the court below and did not misuse the liberty of bail.
On the other hand, learned A.G.A. has not disputed the aforesaid submissions of appellant's learned counsel.
Taking into consideration all facts and circumstances of the case, we find it a fit case to enlarge the appellant on bail during pendency of appeal.
Let the appellant-Kunwar Pal 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., Aligarh in S.T. No. 873 of 2003 State Vs. Balbir and others.
If the appellant deposits a sum of Rs.5000/- as fine in the court below within a period of six weeks from today, the recovery of remaining amount of fine shall remain stayed.
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