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Judgment
Prafulla C. Pant, J.—Heard on bail application.
This appeal is directed against judgment and order dated 30.07.2010, passed by Sessions Judge, Pauri Garhwal, in Sessions Trial No. 1 of 2008, whereby appellants Ganga Ram, and Chetram have been convicted u/s 302 read with Section 34 IPC, and each one of them has been sentenced to imprisonment for life, and also directed to pay fine of Rs. 50,000/ -.
Learned Counsel for the appellants submitted that she is not pressing bail application of Ganga Ram. As to the appellant No. 2 Chetram, it has been pleaded that he was on bail during trial. It is further pointed out that the main assailant is said to be Ganga Ram, and exhortation role has been assigned to the accused/appellant No. 2 Chetram.
Having considered submission of learned Counsel of the parties, and after going through papers on record, without expressing any opinion as to final merits of the case, we are of the view that bail application of Chetram deserves to be allowed.
Let appellant No. 2 Chetram be released on bail on his executing personal bond and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Pauri Garhwal. Bail application of appellant No. 1 Ganga Ram is rejected as not pressed. Bail application No. 875 of 2010, is disposed of. Realisation of fine from appellant No. 2 Chetram is stayed for the period of appeal.
List this appeal for final hearing after paper book is ready.