Court No. - 43 Case :- CRIMINAL APPEAL DEFECTIVE No. - 204 of 2010 Petitioner :- Munnu Singh Respondent :- State Of U.P. Petitioner Counsel :- Ravesh Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellant and learned A.G.A.
In this case learned A.G.A. was granted time to file counter affidavit on delay
condonation application. but no counter affidavit has been filed. Sufficient
cause has been shown to condone the delay. The delay in filing the appeal is
of 14 days. The delay in filing the appeal is condoned.
Accordingly the delay condonation application is allowed.
Order Date :- 5.7.2010
RPD
Hon. Ravindra Singh, J.
Admit.
Issue notice.
Connect with criminal appeal No. 1209 of 2010.
It is submitted that record of this case has been received by this court.
Dt: 5.7.2010
RPD/
Hon. Ravindra Singh, J.
It is contended by learned counsel for the appellant that according to the
prosecution version the appellant and other co-accused Surjeet and Shailesh
Singh caused injury on the person of the deceased by using the lathi blow.
The alleged occurrence had taken place in a sudden quarrel, it was not pre
intended. but subsequently it has been specified that the appellant has caused
injury on the person of the deceased. According to the post mortem
examination report the deceased had sustained two contusions. The appellant
was on bail during the pendency of the trial. He has not misused the liberty of
bail.
Let the appellant Munnu Singh convicted in S.T. no. 446 of 2006 under
Sections 304/34 I.P.C., P.S. Mohammadabad District Farrukhabad 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 fine shall remain stayed during the pendency of
the appeal but half of the fine shall be deposited by the appellant within one
months from the date of his release from the jail. In default, the appellant shall
be taken into custody.
Dt: 5.7.2010
RPD/