JUDGMENT

Dr.. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court allowing the prayer for bail made by respondent nos.2 and 3 during the pendency of Criminal Appeal No.6724 of 2006. Challenge before the High Court was to the conviction recorded by learned Sessions Judge, Bagpat, in Sessions Trial No.299 of 2000. Respondent nos. 2 and 3 were convicted for offences punishable under Section 302 and Section 506 of the Indian Penal Code, 1860 (in short ‘IPC’) and each was sentenced to undergo imprisonment for life and one year for the offences respectively. The accused persons were convicted allegedly for committing murder of Shiv Kumar. Challenging the conviction appeal has been filed and simultaneously prayer for being released on bail during the pendency of the appeal was filed. By the impugned order the Division Bench accepted the prayer and granted bail to the respondent nos. 2 & 3. The High Court noted that the allegation was that the incident took place on 8.6.2000 at about 8.30 p.m. and accused persons assaulted Shiv Kumar (hereinafter referred to as the ‘deceased’) mercilessly with iron rods a