High Court of Judicature at Allahabad
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Qamruddin Khan & Others v. State Of U.P. - CRIMINAL APPEAL No. 4377 of 2006  RD-AH 13116 (7 August 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
We have heard learned counsel for the appellants and learned A.G.A. for the State. We have gone through the judgment under appeal.
Office is directed to summon the trial court record within a period of six weeks.
It is contended that the incident took place in the night and informant and the witnesses were all sleeping and could not see the real assailants. All the four appellants were on bail during trial and they did not misuse the liberty of bail.
On the other hand, learned A.G.A. has submitted that Shamsuddin is the main assailant who is said to have fired at the deceased and remaining three accused caught hold the deceased thereby facilitating the main assailant to shoot his victim and as such, none of the appellants deserves bail.
After having considered the submissions made on behalf of the parties and impugned judgment as well as material on record, we find it appropriate to enlarge the appellants no. 1 to 3 (Qamruddin Khan, Nizamuddin Khan and Nasruddin Khan) only on bail during pendency of appeal.
Let the appellants-Qamruddin Khan, Nizamuddin Khan and Nasruddin Khan be enlarged on bail during pendency of appeal on their executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Rampur in S.T. No. 162 of 1997 State Vs. Qamruddin and others.
If appellants no. 1 to 3 deposit a sum of Rs.5000/- as fine in the court below within a period of two months from today, the recovery of remaining amount of fine shall remain stayed against them during pendency of appeal.
The prayer for bail of appellant no.4 (Shamsuddin) shall be considered after receipt of record.
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