High Court of Judicature at Allahabad
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Bheem Sen Singh v. State Of U.P. - CRIMINAL APPEAL No. 228 of 2007  RD-AH 2417 (14 February 2007)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
We have heard Sri Ashok Nath Tripathi, Sri R.B. Singh, learned counsel for the appellant, Sri Ram Kirti Singh, learned counsel for the complainant and learned A.G.A. for the State also. We have perused the impugned judgment.
The objection filed on behalf of the State under Section 389 Cr.P.C. is taken on record.
Summon the trial court within eight weeks.
It is urged that so far as appellant is concerned, he was seen by the witnesses standing near the deceased. The prosecution examined three witnesses of fact, including wife and daughter of the deceased. Both categorically stated that appellant is real brother of the deceased but he was standing there. The specific role has been assigned to other accused who have also been convicted. The appellant was on bail during trial and there is nothing on record to indicate that he misused the liberty of bail.
On the other hand, learned counsel for the complainant and learned A.G.A. have contended that there was strong motive for the appellant and others to commit murder and there was no question of falsely implicating the appellant.
Considering the entire submissions made on behalf of the parties and looking to role assigned to the present appellant, we are inclined to enlarge him on bail during pendency of appeal.
Let the appellant- Bheem Sen Singh 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., Azamgarh in S.T. No. 427 of 2004 State Vs. Lakshman Singh and others.
If the appellant deposits a sum of Rs.5,000/- as fine in the court below within a period of one month from today, the recovery of remaining amount of fine shall remain stayed.
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