Hon'ble Surendra Vikram Singh Rathore,J.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the lower court's record.
Prayer for bail has been made on behalf of the appellants Dhan Lal Tewari i who has been convicted by Additional Sessions Judge, Court No.9, Gonda in Sessions Trial No.591 of 2003 arising out of case crime No.68 of 2003, under Sections 307/302/323/324/325/504/452 I.P.C., and 3(1) of U.P.Gangesters Act, Police Station- Katra Bazar District- Gonda.
The case of the prosecution is that co accused Shiv Shankar armed with Bhala and appellant Dhan Lal armed Lathi assaulted the deceased and caused injuries to the deceased. Post mortem injuries show that Bhala injury had caused internal damage.
Considering the facts and circumstances of the case, without commenting upon the merits of the case and in view of the role attributed to the appellant Dhan Lal Tewari, in our opinion appellant Dhan Lal Tiwari is entitled to be released on bail.
Pending appeal, appellant-Dhan Lal Tiwari convicted in the above Session Trial and Case Crime number shall be released on bail on his executing a personal bond 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 :- 13.3.2012 R.P/