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2007 Supreme(SC) 506

ARIJIT PASAYAT, D.K.JAIN
Gomti – Appellant
Versus
Thakurdas – Respondent


JUDGMENT

Dr. Arijit Pasayat, J. — Leave granted.

2. Challenge in this appeal is to the orders passed by a learned Single Judge of the Allahabad High Court accepting prayer for bail, which has been filed by the respondent Nos. 1 to 5, during pendency of the appeals (i.e. CRLA 3876/2002 and 3777/2002) before the High Court. The present appeal is by the complainant alleging that her husband has been killed by the respondents 1 to 5 on 12.9.1998, and the concerned respondents are not entitled to bail.

3. Background facts in a nutshell are as follows:

The respondent Nos. 1 to 5 faced trial of alleged commission of offences punishable under Sections 147, 148, 149, 302, 201, 120(B) and 323 of the Indian Penal Code, 1860 (in short the ‘IPC’) and under Sections 3(2) and (5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short the ‘SCST Act’ ) and Sections 3(2) and (5) of the Arms Act, 1954 (in short the ‘Arms Act’) in Sessions Trial Nos. 11 and 12 of 1999.

4. All the accused were found guilty and sentenced to imprisonment for life and were convicted in terms of Section 302 read with Section 149 IPC, and other sentences in respect of Sections 148, 201 and Sectio























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