Citation : 2012 Latest Caselaw 1555 ALL
Judgement Date : 10 May, 2012
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- CRIMINAL APPEAL No. - 356 of 2012 Petitioner :- Deen Mohammad Respondent :- State Of U.P. Petitioner Counsel :- Arun Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
Prayer for bail has been made by Deen Mohammad, who has been convicted under section 302 I.P.C. and under Section 7 of Criminal Law Amendment Act and sentenced to undergo maximum sentence of life imprisonment with a fine of Rs. 5,000/- by Additional District & Sessions Judge / Special Judge, Essential Commodities Act, District-Barabanki, in Sessions Trial No. 1210/2009, arising out of case Crime No. 443/2009 P.S. Kotwali Deva, District - Barabanki.
It is submitted by the counsel that the appellant has assaulted the deceased by a Banka. Postmortem corroborates the ocular testimony. Weapon of assault with human blood is also alleged to have been recovered on the pointing out of accused.
Considering the role of the accused-appellant, we are of the opinion that the appellant is not entitled to be released on bail. The prayer for bail is hereby rejected.
Office is directed to prepare paper book and list this appeal for final hearing.
Order Date :- 10.5.2012
S. Kumar
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