State Of U.P. vs Hero Singh S/O Jai Singh
2017 Latest Caselaw 3722 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- U/S 378 CR.P.C. No. - 202 of 2009
 

 
Applicant :- State Of U.P.
 
Opposite Party :- Hero Singh S/O Jai Singh
 
Counsel for Applicant :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard learned A.G.A. for the State appellant/applicant and perused the material on record.

This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 25.3.2009, passed in Sessions Trial No.329 of 2005 (State Vs Brijesh Singh & Others, arising out of Case Crime No. 27 of 2005,under sections 302/34, 452, 323/34 I.P.C. & 3(2)(5) SC/ST Act, IPC, P.S.Fatanpur, District Pratapgarh by the learned Additional Sessions Judge, F.T.C., Court No.7, Pratapgarh whereby the accused respondents have been acquitted for the offence punishable under the sections referred to above.

From the perusal of judgement and evidence, it appears that the findings of acquittal require reconsideration.

Therefore, leave to appeal is granted.

Accordingly, the Government Appeal is admitted.

Issue bailable warrants to the accused-respondents through CJM concerned returnable within four weeks from today. In case the accused-respondents are arrested or appear before the court of CJM concerned, they may be released on bail upon furnishing personal bond of Rs. 20,000/- and two sureties each in the like amount to the satisfaction of the Magistrate concerned and further on the undertaking that they shall appear before this Court on 30.10.2017.

List on 30.10.2017.

On the said date accused-respondents shall remain present before this Court.

(Rekha Dikshit,J.)     (Ramesh Sinha,J.)

Order Date :- 28.8.2017

IA