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Vinod v. State Of U.P. - CRIMINAL APPEAL No. 7606 of 2006  RD-AH 21344 (18 December 2006)
Hon'ble M. K. Mittal, J.
Criminal Appeal No. 7606 of 2006 has been filed by Vinod and Criminal Appeal No. 7805 of 2006 has been filed by Ajay and Satendra against the judgement and order dated 22.11.2006 passed by Addl. Sessions Judge, F.T.C. No. 4, Court No. 7, Gautambudhnagar in S.T. No. 109 of 2005, 111 of 2005, 112 of 2005, 113 of 2005, 114 of 2005 and 110 of 2005 whereby the appellants have been found guilty and convicted under Sections 395, 412, 397 IPC and have been sentenced to undergo rigorous imprisonment up to ten years and fine has also been imposed on them.
These appeals arise out of the same judgement and they be connected together.
Heard learned counsel for the appellants, learned A.G.A. and perused the impugned judgement.
Co accused Rakesh Kumar has preferred criminal appeal under Section 395 IPC and Section 25 Arms Act. These appeals be connected with the above noted appeal.
Learned counsel for the appellants has contended that appellants have been wrongly convicted in this case and the learned Trial Court has not properly appreciated the evidence on record. According to him, accused were not named in the first information report and as per prosecution case, loot had taken place on the house of one Sanjay Gupta where three persons had come and committed loot.
He has further contended that no materials looted from the house of Sanjay Gupta have been recovered from the accused persons and they are alleged to have been found in possession of stolen motorcycle but the same could not be connected with any claimant. He has also contended that co accused Rakesh has been directed to be released on bail in this matter.
In the circumstances of the case, but without prejudice to the merits of the case, appellants be released on bail, during pendency of appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. They shall also deposit the amount of fine as imposed on them.
They shall also furnish an undertaking that they will not indulge in any criminal or anti social activity and if any report is found against them, it shall be open for the Court below to report to this Court so that their bail may be cancelled.
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