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Dinesh v. State of U.P. - CRIMINAL APPEAL No. 5227 of 2004 [2004] RD-AH 1117 (11 October 2004)


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.C.Deepak, J.

Heard learned counsel for the accused-appellant, learned Addl. Government Advocate for the State and perused the judgment.

Learned counsel for the accused-appellant submits that the informant is not an eyewitness. It is alleged that one Jitendra allegedly witnessed the occurrence and reported the matter to the informant, who made the first information report accordingly, but during the course of trial, the informant, who is the son of the deceased, has categorically stated that the above-named Jitendra has not disclosed the fact narrated above. The appellant had been on bail during trial and he had not misused the privileges of bail granted to him.  There is no possibility that the appeal be heard in the near future.

Considering the arguments of the learned counsel for the parties, as stated above, but without expressing any opinion of their arguments on merit, the appeal is admitted.

Issue notice.  

Appellant Dinesh convicted under Section 302  IPC in Sessions Trial No. 262  of 2000 shall be released on bail on his  furnishing  a  personal  bond with two sureties each in the like amount to the satisfaction of Court concerned.

The realization of fine shall also remain stayed during the pendency of his appeal before this Hon'ble Court.

Dated: 08th  October, 2004.

PKG/1 (5227/04)


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