Dhameshwar & Another vs State Of U.P.
2013 Latest Caselaw 148 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CRIMINAL APPEAL No. - 216 of 2013
 

 
Petitioner :- Dhameshwar & Another
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Pradeep Kumar Tripathi
 
Respondent Counsel :- Govt. Advocate,Arun Saxena
 

 
Hon'ble Ajai Lamba,J. 

(Bail Application No.15974/13)

The appellants-applicants prays for bail.

The appellants have been convicted for commission of offence under Section 307 I.P.C. and sentenced to undergo rigorous imprisonment for four years and payment of fine of Rs.2000/- each, to be paid to the injured.

Learned counsel for the appellants has argued that there is no positive identification of the persons, who caused firearm injuries.

If totality of facts and circumstances of the case are considered in context of the statement, injured became unconscious and could not see the assailants. P.W.2, the other witness, has stated that he could identify the appellants with their voice. It is also not known as to which of the appellants fired the gunshot.

The facts as come out from the impugned judgment, have not been disputed by the learned counsel for the respondent.

Considering the totality of the facts and circumstances of the case, this application for bail is allowed.

The appellants are directed to released on bail to the satisfaction of the Chief Judicial Magistrate, Sitapur.

There would be no stay on recovery of fine, because the fine is required to be paid to the injured.

Order Date :- 2.4.2013

A.Nigam