Allahabad High Court
Chhanga & Ors. vs State Of U.P. on 22 July, 2010
Court No. - 28 Case :- CRIMINAL APPEAL No. - 116 of 2010 Petitioner :- Chhanga & Ors. Respondent :- State Of U.P. Petitioner Counsel :- Rizwan Ali,Santosh Kumar Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellants and the learned A.G.A. and perused the judgment and order.
The learned counsel for the appellants submitted that the role of firing has been assigned to the appellant no.1 Chhanga and the appellant no. 3 Raju. The fire arm injury sustained by the injured was made as a basis for offence under section 307 IPC. The appellant no.4 Kuldeep had lathi and no weapon has been assigned to the appellant no.3. It was next submitted that no offence under section 307 IPC is made out against the appellants no.2 and 4.
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 no. 2 Vinod (involved in the session trial no. 680/2007) and the appellant no.4 Kuldeep (involved in the session trial no. 680-B/2007), arising out of crime no. 171/2007 under sections 307/34 and 504 IPC, police station Atrauli, district Hardoi, 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 this appeal.
However, the bail prayer of the appellant no.1 Chhanga and the appellant no.3 Raju are rejected at this stage.
List the appeal for final hearing in due course.
Order Date :- 22.7.2010 RKSh