HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 360 of 2011 Petitioner :- Munnu & Another Respondent :- State Of U.P. Petitioner Counsel :- Rajiv Kumar Saini Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Prayer for bail has been made on behalf of the appellants, who have been convicted by Additional District and Sessions Judge/Fast Track Court No.5, Meerut in S.T. No. 57 of 2007 and S.T.No.59 of 2007 under Sections 148, 452, 325/149, 323/149 A, 308/149, 304/149, 504, 506 I.P.C.,P.S. Daurala District Meerut.
Heard learned counsel for the appellants and the learned A.G. A. for the State.
Perused the judgment and order of learned Sessions Judge and lower court's record. The deceased (Kamal Singh) was husband of the complainant and he had sustained only one serious injury. The learned Sessions Judge has wrongly convicted the appellants.
Considering the facts and circumstances of the case, in my opinion the appellants are entitled to be released on bail.
Pending appeal appellants Mannu convicted in S.T. No.57 of 2007 and Brij Mohan convicted in S.T. No. 59 of 2007 shall be released on bail on their executing a personal bonds and on furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Till further orders realization of fine, if any, shall also remain stayed.
Order Date :- 14.11.2011 Shahnaz