High Court of Judicature at Allahabad
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Yashpal & Others v. State Of U.P. - CRIMINAL APPEAL No. 6582 of 2006  RD-AH 18687 (3 November 2006)
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.
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