Malkhan & Another vs State Of U.P. on 7 July, 2010

Allahabad High Court
Malkhan & Another vs State Of U.P. on 7 July, 2010
Court No. - 43

Case :- CRIMINAL APPEAL No. - 2471 of 2010

Petitioner :- Malkhan & Another
Respondent :- State Of U.P.
Petitioner Counsel :- Apul Misra,P.N. Misra
Respondent Counsel :- Govt. Advocate
Hon'ble Ravindra Singh,J.

Heard learned counsel for the appellants and learned A.G.A.

Admit.

Issue notice.

The lower court record has not been received, the same shall be summoned at
an early date.

Order Date :- 7.7.2010
Ashish Tripathi

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 according to
prosecution version the co-accused Ramveer, Dariyav, Malkhan armed with
country-made pistols. Co-accused Siaram, Satyaram and Ramratan with lathi
and Farsa. It is alleged that all the co-accused persons caused injures on the
person of the deceased. It is alleged that the injured was taken to the hospital,
where he succumb two injuries during treatment. According to the post
mortem examination report the deceased has sustained eleven injuries in
which six injuries were caused by fire-arm which were on the non vital part of
the body, one injury was lacerated wound remaining injures were contusion
and other injuries were caused by weapon farsa. The injuries sustained by the
injured were on the non-vital part of the body. The appellant was on bail
during the trial, he has not misused the liberty of bail.

Let the appellants Malkhan and Ram Ratan convicted in S.T. No. 179 of
1995 connected with S.T. No. 180 of 1995, State Vs. Ramvir arising out of
case crime no. 138 of 1994, under Sections 148, 3049I)/149 IPC, P.S.
Dhanari, District-Badaun 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 half of the
amount of the fine shall be deposited by the appellant within a month from the
date of their release from the jail. In default of the payment, the appellant
shall be taken into custody.

Order Date :- 7.7.2010
Ashish Tripathi

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