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Omveer Singh & Others v. State Of U.P. - CRIMINAL APPEAL No. 6588 of 2006 [2006] RD-AH 18646 (3 November 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).


Hon'ble R.K.Rastogi,J.


The appeal appears to be arguable.


Summon the lower court record.

Heard  the  learned counsel  for the appellants as well as the learned A.G.A. for the State on the  prayer of bail.

The appellants , Omveer Singh, Shyam Lal, Ramveer, Rajveer and Udaiveer have been convicted  under sections 147, 323/149, 308/149 and 336 I.P.C. by Addl. Sessions Judge, Fast Track Court No.2, Mainpuri vide judgment and order dated 13.10.2006 passed in Session Trial No.262 of 1998 ( State Vs. Omveer Singh and others) .They have been sentenced  to one month simple imprisonment  and to a fine of Rs.500/-each under sections 147 and 336 I.P.C. and in default of payment of fine to undergo imprisonment for fifteen days. They have been sentenced to undergo one year R.I.  and a fine of Rs.500/- each under section 323/149, I.P.C. and in default of payment of fine to undergo imprisonment for fifteen days each. The appellants  have also been sentenced to three years  simple imprisonment  and a fine of Rs.1000/- each under section 308/149 I.P.C. and  in  case of default of  payment of fine to undergo  imprisonment for  one  month each.  

The appellants were released on bail after conviction by the  lower court under section 389 Cr.P.C., as stated by the learned counsel for the appellants. A perusal of the injury reports  of the injured persons reveals that all the injuries of the  injured persons  except injury no. 1 of Sone Lal were simple. Injury no.1 of Sone Lal was found  to be grievous. It is not clear as to who was  author of those injuries.

Without expressing any opinion on the merits of the case, I am of the view that the appellants  deserve to be  bailed  out during   pendency of this appeal.

Let the appellants named above be released on bail in the aforesaid case on  their each executing a personal bond and furnishing two sureties  to the satisfaction of the   Chief  Judicial Magistrate concerned during pendency of this appeal.

Realization of fine  shall also remain stayed during  pendency of the  appeal.


RPP/Crl.Appeal 6588/06


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