MANSOOR ALAM Vs. STATE OF U.P.

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal has been preferred against the judgment and order dated 23rd April, 2013 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 6239 of 2010.

(3.) THE Respondent Moni alias Mohd. Ahmad stands convicted Under Section 302/34/120B Indian Penal Code ("Indian Penal Code") in proceedings arising out of Case Crime No. 112 of 2006 Under Section 302/384/307/120 -B Indian Penal Code, PS. Anwarganj, District Kanpur Nagar for causing death of Aftaab Alam on 3rd September, 2006 at 09.30 P.M. by firing bullet from country made pistol. The order of conviction and sentence was passed by the Additional Sessions Judge, F.T.C. Court No. 3, Kanpur City dated 11th August, 2010 against which Criminal Appeal No. 6239 of 2010 has been filed by the Respondent before the Allahabad High Court. The said Respondent also filed an application for bail during pendency of the appeal. The High Court granted bail taking into account the contention that the deceased sustained two fatal injuries and rest of the injuries were on non vital parts and also having regard to the period of custody of the Respondent.