Court No. - 46 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3403 of 2010 Petitioner :- Sanjeev Dixit & Others Respondent :- State Of U.P. Petitioner Counsel :- Alok Ranjan Mishra,B.K. Shukla,G.S. Chaturvedi Respondent Counsel :- Govt. Advocate,Jitendra Singh Lodhi Connected with Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3428 of 2010 Petitioner :- Shankar Singh & Others Respondent :- State Of U.P. Petitioner Counsel :- Jitendra Singh Lodhi Respondent Counsel :- Govt. Advocate,B.K.Shukla,N.I.Jafri Hon'ble Amar Saran,J.
Hon’ble Shri Kant Tripathi,J.
Since both the aforesaid appeals arise out of one incident, the bail
applications filed in the aforesaid cross appeals are being consolidated
and disposed of by a common order.
Heard learned counsel for the appellants and the learned A.G.A. and
perused the judgment and order.
In the appeal preferred by Sanjeev Dixit and others, two persons have
been shown dead for which Sanjeev Dixit and others are facing
prosecution. In the appeal of Shankar Singh and others one person is
shown to have died in which Shankar Singh and others are being
prosecuted. The occurrence has occurred on the same date at the
house of Sanjeev Dixit. There are declaration of injuries on both
sides. It cannot be determined as to which side was aggressor.
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 appellants Sanjeev Dixit, Arvind and Shesh Narain
involved in the session trial no. 161/1997 arising out of case crime no.
354A of 1997, police station Kotwali Orai, district Jalaun and the
appellants Shankar Singh, Malik alias Mangal Singh and Sheo Kumar
involved in S.T. No. 160/1997 arising out of crime no.354/1997,
police station Kotwali Orai, district Jalaun are released on bail during
the pendency of the appeal, 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 the concerned appeal.
List the appeals for final hearing in due course.
Order Date :- 5.8.2010
RKSh