Court No. - 28 Case :- CRIMINAL APPEAL No. - 1186 of 2010 Petitioner :- Keshav And Others Respondent :- State Of U.P. Petitioner Counsel :- Desh Raj Singh Yadav Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellants and learned AGA and perused the
impugned judgement passed in Sessions Trial No. 543 of 2008 arising out of
Crime No. 632-A of 2007, under sections 307/34, 325/34 and 323/34 IPC,
P.S. Biswan, District Sitapur.
The learned counsel for the appellants submitted that he would presently press
the bail prayer of the appellant no. 2 Paras Ram and appellant no. 3,
Shatrohan.
Learned counsel for the appellants submitted that according to the prosecution
itself, the injury nos. 3 and 4 sustained by the injured Gajraj were caused by
the co-accused Keshav and Shri Pal with a sharp edged weapon. The other
injuries of the injured Gajraj and other injured were not serious in nature. It is
further submitted that the other side had also sustained injuries but the same
could not be proved during the trial. A cross case was tried in which
conviction has been recorded. It was next submitted that the appellant nos. 2
and 3 Paras Ram and Shatrohan were on bail during trial and never misused
the same.
Keeping in view the entire facts and circumstances of the case and
submissions of the learned counsel for the appellants and the learned AGA,
the appellant nos. 2 and 3, Paras Ram and Shatrohan respectively,are bailed
out during the pendency of the appeal in the aforesaid Sessions Trial on their
each furnishing a personal bond and two sureties each in the like amount to
the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the
appeal, provided the appellants deposit half of the fine within one month.
On acceptance of bail bonds and personal bonds, the lower court shall
transmit photo state copies thereof to this Court for being kept on the record
of this appeal.
List on 09.08.2010 for hearing of the bail of appellant no. 1 Keshav and Shri
Pal.
Order Date :- 26.7.2010
shailesh