Mahendra Singh & 2 Others vs State Of U.P.
2016 Latest Caselaw 5361 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4105 of 2016
 

 
Appellant :- Mahendra Singh & 2 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Anuj Bajpai
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Raghvendra Kumar,J.

Heard learned counsel for the appellants and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the appellants that the trial court has failed to  appreciate the evidence in right perspective and erred in recording the finding of conviction, the judgment  is thus perverse.

Admit.

Summon the lower court record within six weeks from today.

List immediately after receipt of record.

Order Date :- 22.8.2016

Su

Case :- CRIMINAL APPEAL No. - 4105 of 2016

Appellant :- Mahendra Singh & 2 Others

Respondent :- State Of U.P.

Counsel for Appellant :- Anuj Bajpai

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application Application No. 254999 of 2016

Heard learned counsel for the appellants and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the accused appellants that P.W.4 Doctor M.P.Gangwar has stated that the medical examination of the injured Ram Sanehi w/o of Buddha was conducted in his supervision. A fracture of radius bone was found, which according him, there was callous formation.  He has been falsely implicated on account of enmity. The learned court below has failed to appreciate the evidence in right perspective. It has further been submitted that there is no likelihood of this appeal being heard in near future 

Learned A.G.A.has opposed the bail application.

Considering the rival submissions  and without expressing any opinion on the merits of the appeal, I find it a fit case for bail.

Let appellants Mahendra Singh, Dhanpal Singh and Sadhu Singh  convicted in S.T.No. 58 of 2006 ( State vs. Mehendra Singh and another) arising out of case crime No. C-10 of 2005, under sections 325/34, 452, 504, 506 I.P.C. and 3(1) X of SC/ST Act, Police Station Kant, District Shahjahanpur be admitted to bail subject to their  executing a personal bond and furnishing two heavy and reliable sureties  in the like sum to the satisfaction of the Court concerned.

The appellants are  directed to deposit 50% of the amount of fine imposed by the trial court within 10 days from the date of their release from jail and the  realisation of  rest 50%  fine shall remain stayed during pendency of the appeal.

Order Date :- 22.8.2016

Su