High Court of Judicature at Allahabad
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Omveer Singh & Others v. State Of U.P. - CRIMINAL APPEAL No. 6588 of 2006  RD-AH 18646 (3 November 2006)
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.
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