High Court of Judicature at Allahabad
Case Law Search
Raj Pal And Another v. State Of U.P. - CRIMINAL APPEAL No. 541 of 2007  RD-AH 3090 (23 February 2007)
Hon'ble K.N.Ojha, J.
The objection filed by the learned AGA be kept on record.
Heard Sri P.N.Misra, learned senior counsel with the assistance of Sri Apul Misra, learned counsel for the appellants-accused, learned AGA for the State and perused the impugned judgment.
The contention of the learned counsel for the appellants-accused is that the appellants Raj Pal and Nek Ram alleged to have armed with double barrel gun and lathi, respectively. The appellant Nek Ram did not appear to have caused any lathi injury to the deceased as there is no lathi injury on the person of the deceased. He alleged to have caused injury to the injured but the injury found on his person was neither proved fatal nor grievous in nature, therefore, the case of the appellant Nek Ram is distinguishable from the case of other co-accused.
We have taken into account the entire facts and circumstances of the case but without expressing any opinion on the merit of the case, the appeal is admitted.
The appellant Nak Ram convicted under Section 323 IPC in S.T.No. 72 of 1992 P.S. Jaitipur Distt. Shahjahanpur shall be released on bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of the fine imposed upon the appellant shall remain stayed during the pendency of his appeal before this Hon'ble Court.
Summon the trial court's record within four weeks.
List on 19th April 2007.
The prayer for bail of the appellant accused Raj Pal shall be considered after receipt of the records.
Dt/- 23rd February, 2007
Double Click on any word for its dictionary meaning or to get reference material on it.