Court No. - 20 Case :- CRIMINAL APPEAL No. - 1729 of 2009 Petitioner :- Nanhakku Respondent :- State Of U.P. Petitioner Counsel :- K.K. Tewari,Nagendra Mohan Respondent Counsel :- G.A.,Upendra Kumar Awasthi Hon'ble Imtiyaz Murtaza,J.
Hon’ble Virendra Kumar Dixit,J.
This appeal has come up before us for consideration of the prayer for bail of
the appellant.
The appellant has preferred the above appeal assailing the judgment of
conviction and sentence passed in S.T.No. 935 of 2004 by Addl. Sessions
Judge (F.T.C.4) Hardoi whereby the appellant has been convicted under
section 302/34 IPC and sentenced to undergo imprisonment for life attended
with fine of Rs. 5000/-.
The prosecution case briefly stated is that on 13.6.2004 at about 4 p.m while
the deceased was on way to market for purchase of Pooja articles, the
accused persons who were lying in wait near their field, sallied forth and
assaulted himby means of Lathi and Danda. It is further alleged that on
hearing screams of her husband, the village people were attracted and they
challenged the accused persons who escaped towards western side. It is
further alleged that as a result of assault, her husband sustained injuries in the
wrist of right hand and also in the legs. It is further alleged that the accused
persons were inimical to her husband on account of dispute relating to the
land belonging to Purani Mandir.
The learned counsel for the appellant argued that the co accused have already
been enlarged on bail and the case of the appellant is not distinguishable from
the case of other co accused.
Having considered the matter we are of the view that the appellant is also
entitled to be released on bail pending appeal in this Court.
Let appellant Nanhku who is convicted in S.T.Nol.935 of 2004 be released on
bail on his furnishing sureties and bonds to the satisfaction of the court below.
Realisation of fine shall also remain stayed in the meanwhile.
Order Date :- 2.4.2010
MH