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Ram Prasad And Others v. State Of U.P. - CRIMINAL APPEAL No. 4202 of 2005 [2006] RD-AH 16512 (20 September 2006)


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Hon'ble Mukteshwar Prasad J.

Hon'ble K.N. Ojha, J.

Heard Sri S.M. Yadav, learned counsel for the appellants (Chhangur and Jai Jai Ram), Sri R.P. Srivastava learned counsel for the complainant and learned A.G.A.  for the State. We have also perused the judgment under appeal and lower court record.

It is contended on behalf of the appellants that F.I.R. of the incident was lodged at the Police Station Pathara Bazar, District Siddharth Nagar at 5.10 P.M. on the same day. Contrary to this, the informant disclosed in the court that he had reached  the Police Station before 1.00 P.M. It is further contended that the place of occurrence as shown in the report is Deeh Islampur but Abdul Samad testified in the court (para 12) that he and his nephew were not assaulted in village Deeh Islampur. Thus, the informant totally changed the place of occurrence in the statement. Both the appellants were on bail during trial and did not misuse the liberty of bail.

On the other hand, learned A.G.A. and counsel for the complainant contended that the incident took place at two places. In first part, Abdul Samad was assaulted with fists and kicks while he was going to the Police Station to lodge the F.I.R. and in second part, he and his nephew were returning to Pathara Bazar were given lathi blows and both sustained lathi injuries. Mobin succumbed to the injuries after few hours.

After having considered the submissions made by learned counsel for the parties and looking to all facts and circumstances of the case, and without expressing any opinion on the merit of the case, we find it appropriate to release both the appellants on bail during pendency of the appeal.

Let the appellants Chhangur and Jai Jai Ram be released on bail during pendency of the appeal in S.T.No.149 of 1999 (State versus Ram Prasad 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. Siddharth Nagar.

If each of the appellants deposits 50% of the amount of fine in the court below within a period of one month from today, the recovery of remaining amount of fine shall remain stayed during pendency of appeal.

Dated: 20.9.2006

SU. 4202-05


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