Court No. - 51
Case :- GOVERNMENT APPEAL No. - 3853 of 2007 Appellant :- State Of U.P.
Respondent :- Sher Singh And Others Counsel for Appellant :- Govt.Adcocate
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Ms. Sanyukta Singh, learned AGA on the application seeking leave to appeal against the judgment and order dated 21.11.2006 passed by Additional Sessions Judge/FTC No. 04, Firozabad in ST No. 496 of 2004 (State Vs. Sher Singh and others) by means of which accused-respondents have been acquitted from the charges under section 307/34, 504, 506 (2) IPC by giving them benefit of doubt.
The contention of the learned AGA is that the court concerned has not appreciated the evidence produced by the prosecution in its correct perspective and the evidence produced by the prosecution has been disbelieved on conjunctures and surmises. Counsel for the State further argued that there is fire arm injuries which are not at all discussed.
In view of the aforesaid a case for grant of indulgence is made out. Accordingly, application seeking leave to appeal is allowed.
Appeal is admitted.
Issue bailable warrant against accused-respondent nos. 1, 2 and 3 namely Sher Singh, Shambhu Dayal and Mansha Ram returnable at an early date for execution to Chief Judicial Magistrate, Firozabad. In the event, the accused/opposite parties are arrested or they appear in the court of CJM concerned and apply for bail, they may be released on bail on executing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the CJM, Firozabad and an undertaking would be obtained from the accused/opposite parties that they would appear before this court either in person or through counsel whenever the case is listed for hearing.
Office is directed to summon the lower court record. List on 6.9.2018.
Order Date :- 30.7.2018 SKS