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Shamshad And Others v. State Of U.P. - CRIMINAL APPEAL No. 5920 of 2006  RD-AH 7833 (26 April 2007)
Hon'ble Imtiyaz Murtaza, J.
Hon'ble Shiv Charan, J.
This appeal is already admitted and appellant nos. 2 and 3 namely Ranjeet and Bhura @ Dharam Pal have been released on bail by this Court on 5.10.2006. It is listed today for consideration of prayer for bail on behalf of appellant no. 1 Shamshad.
We have heard learned counsel for the appellants, learned counsel for the complainant Sri Kameshwar Singh and learned A.G.A. for the State. Perused the lower court record and order of Sessions Judge.
It is contended by learned counsel for the appellants that it is a case of circumstantial evidence. The evidence against the appellant is only of motive and recovery of weapon. Similar allegations were made against the co-accused who have already been released on bail by this Court. Without expressing any opinion on the merit of the case, we find it a fit case for grant of bail.
Pending appeal, the appellant no. 1 namely Shamshad, convicted and sentenced in S.T. No. 27 of 1993 (State Vs. Shamshad & others) shall be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the C.J.M., Gautam Budh Nagar.
Realisation of fine shall also remain stayed.
Dated : 26.4.2007
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