Court No. - 46 Case :- CRIMINAL APPEAL No. - 6096 of 2009 Petitioner :- Hari & Others Respondent :- State Of U.P. Petitioner Counsel :- Mohd. Waris Khan,A.P. Tewari,Apul Misra,S.S.Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Sheo Kumar Singh,J.
Hon’ble Shyam Shankar Tiwari,J.
Heard Sri P. N. Mishra, learned Senior Advocate who appeared to
press bail application moved on behalf of Hari, Rama, Sukkhu and
Ramhit and learned Additional Government Advocate for the State.
Submission is that the applicants are assigned weapon and there is no
lathi injury and the deceased received ballam injuries which is with
Vishambhar.
Lastly it is submitted that on consideration of these facts other co-
accused namely Bhrigunath, Mohan and Raj were granted bail by this
court on 4.1.2010 in Criminal Appeal No. 6096 of 2009.
Government side after hearing the aforesaid agreed with the factual
aspect.
In view of the aforesaid, as applicants are not assigned any role of
causing injury to the deceased and other lathiwalas similarly situated
were granted bail by this Court, it is desirable that appellants Hari,
Rama, Sukkhu and Ramhit may be released on bail.
Accordingly, let the appellants Hari, Rama, Sukkhu and Ramhit
involved in S.T.No. 256 of 1996, be enlarged on bail on their furnishing
a personal bond and two sureties each in the like amount to the
satisfaction of the Court concerned.
Realization of fine in respect to above appellant to the extent of fifty
percent shall remain stayed. Balance amount of fine shall be deposited
forthwith. The release order shall be sent after deposit of fine.
Order Date :- 29.1.2010
Sachdeva
