Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 2619 of 2010 Petitioner :- Ram Babu & Others Respondent :- State Of U.P. Petitioner Counsel :- S.K. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellants, learned A.G.A. and perused the
lower court record.
It is contended by learned counsel for the appellants that the allegation of
discharging the shot is against the appellants. After investigation, the
chargesheet was submitted against the appellant nos. 2 and 3, but at the stage
of trial the appellant nos. 1 and 4 have also been summoned in exercise of the
powers conferred under Section 319 Cr.P.C. According to the medical
examination report, the injured has sustained five injuries caused by the
firearm but the injuries were not dangerous to life. The appellants were on
bail during the trial, they have not misused the liberty of bail.
Let the appellants namely Ram Babu, Bhagwan Saran, Satare and Rama
Shanker convicted in S.T. No. 25 of 1995 arising out of case cirme no. 386 of
1993, under Section 307/34 I.P.C., P.S. Fatehgarh, Distict-Farrukhabad be
released on bail on their furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the Court concerned.
The realization of half amount of the fine awarded by the trial Court shall
remain stayed, till the pendency of the appeal. The remaining of half amount
of the fine shall be deposited by the appellants within a month from the date
of their release from the jail. In default of the payment, the appellants shall be
taken into custody.
Order Date :- 2.8.2010
Ashish Tripathi