LAWS(ALL)-2010-7-434

JAMSHED AND ORS. Vs. STATE OF U.P.

Decided On July 15, 2010
Jamshed And Ors. Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the appellants, Sri Sumit Goel, learned Counsel for the complainant, learned A.G.A. for the State and perused the trial court judgment and record.

(2.) IT is argued by the learned Counsel for the appellant that as per the evidence of Mahmooda (P.W.3), wife of the deceased Shamim, fatal blow with knife to the deceased was attributed to appellant Jamshed whereas appellant Javed is said to have given a knife blow to Bhoora. However, it is pointed out that Bhoora was neither admitted in the hospital nor is there any supplementary report indicating the injuries received by him. Lathi was assigned to appellant Smt. Ishrat Jahan, but the lathi injuries are simple in nature. The incident is of year 1999. It is further submitted that the appellants were on bail during trial.

(3.) HAVING considered the submissions made by learned Counsel for the parties and without expressing any opinion on the merits of the case, we are of the view that there is no good ground to grant bail to appellant Jamshed, but the other two appellants Javed and Smt. Ishrat Jahan may be released on bail.