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Yashpal & Others v. State Of U.P. - CRIMINAL APPEAL No. 6582 of 2006 [2006] RD-AH 18687 (3 November 2006)


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Hon'ble R.K.Rastogi,J.


The appeal appears to be arguable.


Summon the lower court record.

Heard  the  learned counsel  for the appellants as well as the learned A.G.A. for the State on the  prayer of bail.

The appellant, Yashpal  has been convicted  under section 307/34 by Addl. Sessions Judge, Fast Track Court No.2, Jalaun at Orai in Session Trial No.168 of 2005 ( State Vs. Mohar Singh and others) vide judgment and order dated 30.10.2006 and has been sentenced to 7 years R.I. and to a fine of Rs.5000/-. The allegation against him is that  he was armed with pistol at the time of incident and had fired  at the cousin brother of the informant but the fire did not hit  any one. The remaining accused-appellants,i.e. Hukum Singh and Mohar Singh have been convicted by the said court under section 307/34 I.P.C. and sentenced to seven years R.I. and a fine of Rs.5000/- each and they have also been convicted under section 323 I.P.C. and sentenced  to one year R.I. each. The allegation against them is that they were armed with lathis at the time of incident and had caused injuries to Ramapati by those lathis. A perusal of the injury report  of Ramapati reveals that injuries no. 3 to 6 were caused by blunt object and were simple in nature.

Without expressing any opinion on the merits of the case, I am of the view that the appellants  deserve to be  bailed  out during   pendency of this appeal.

Let the appellants named above be released on bail in the aforesaid case on  their each executing a personal bond and furnishing two sureties  to the satisfaction of the   Chief  Judicial Magistrate concerned during pendency of this appeal.

Realization of fine  shall also remain stayed during the pendency of the  appeal.


RPP/Crl.Appeal 6582/06


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