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Ram Pal And Others v. State Of U.P. - CRIMINAL APPEAL No. 5738 of 2006  RD-AH 17019 (27 September 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
We have heard learned counsel for the appellants and learned A.G.A. for the State and perused the judgment in question.
Connect this appeal with Criminal Appeal No. 5574 of 2006.
Office is directed to summon the trial court record within a period of six weeks.
It is contended that appellant no.3 Pati Ram was allegedly armed with lathi. Pati Ram and Babu Ram are said to have caused ante-mortem injuries no. 3,4 and 5. It is also contended that co-accused Babu Ram has already been bailed out.
On the other hand, learned A.G.A. has opposed the grant of bail mainly on the ground that ante-mortem injury no.1 was found to be grievous by the doctor.
Looking to all facts and circumstances of the case, we find it appropriate to enlarge the appellant no.3 (Pati Ram) only on bail during pendency of appeal.
Let the appellant No.3 (Pati Ram) be enlarged on bail during pendency of appeal on his executing a personal bond and furnishing two bonds of sureties, each in the like amount to the satisfaction of C.J.M., Pilibhit in S.T. No. 410 of 2004 State Vs. Ram Pal and others.
If the appellant No.3 deposits a sum of Rs.5,000/- as fine within one month from today in the court below, the recovery of remaining amount of fine shall remain stayed against him only during pendency of appeal.
The bail prayer of appellant nos. 1 and 2 (Ram pal and Bhagwan Das) shall be considered after receipt of record in the month of December, 2006.
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