Court No. - 43 Case :- CRIMINAL APPEAL No. - 8163 of 2009 Petitioner :- Alisher Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Bharti Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellant, learned A.G.A. and perused the lower
court record.
It is contended by learned counsel for the appellant that in the present case no
direct evidence has come forward. The case is based on circumstantial
evidence. The appellant and other co-accused persons were named on the
basis of doubt and suspicion. It is alleged that the car of the deceased was
recovered from the possession of the appellant. The appellant was on bail
during the trial, he has not misused the liberty of bail.
Let the appellant Alisher convicted in S.T. No. 205 of 1999, State Vs. Alisher
& others, under Sections 364, 392/34 IPC, (arising out of case crime no.
239/1992), P.S. Shamli, District-Muzaffar Nagar be released on bail on his
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the Court concerned.
The realization of half of the amount of the fine awarded by the trial Court
shall remain stayed, till the pendency of the appeal. The remaining half of the
amount of the fine shall be deposited by the appellant within a month from the
date of his release from the jail. In default of the payment, the appellant shall
be taken into custody.
Order Date :- 6.7.2010
Ashish Tripathi