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Mohan & Others v. State Of U.P. - CRIMINAL APPEAL No. 2407 of 2006  RD-AH 8886 (3 May 2006)
Court No. 21
Criminal Appeal No. 2407 of 2006
Mohan and others Vs. State of U.P.
Hon'ble. Mukteshwar Prasad, J.
Hon'ble Vinod Prasad, J.
Office is directed to summon the lower court within four weeks.
We have heard learned counsel for the appellants on prayer for bail, learned A.G.A. and perused the impugned judgment.
Learned counsel for the appellants submitted that there are four eyewitnesses of the incident out of which P.W.1, P.W. 2 and P.W. 3 have turned hostile. He contended that only evidence is of P.W.4. He further pointed out that taking the entire evidence of P.W. 4 no offence under Section 396/412 I.P.C. is made out against the present appellants. He invited the attention of the Court on internal page-7 of the judgment where the trial Judge has himself recorded a finding that no offence of dacoity is made out in the present case. He further invited the attention of the Court on page-6 of the judgment. By reading of page-6 of the judgment, it is clear that no offence under Section 412/396 I.P.C. is made out against the appellants. He further contended that stretching too far only the offence under Section 411 I.P.C. can be said to be made out against the appellants.
Learned A.G.A. also could not dispute the fact that no offence under Section 396/412 I.P.C. is made out against the appellants.
Without adverting further over the matter, we consider it to be a fit case to enlarge the appellants on bail.
Let the appellants-Mohan, Krishna Narain Tiwari, Rajoo @ Riyazuddin and Nakhru be enlarged on bail during pendency of appeal on their executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Azamgarh in S.T. No. 204 of 1993, State Vs. Rajendra and others, P.S. Mehnagar, District Azamgarh provided the appellants deposit a sum of Rs. 5000/- in the court below within a period of one month from today. The recovery of remaining amount of fine shall remain stayed during pendency of appeal.
The Chief Judicial Magistrate will send photocopies of the bail bonds to this Court immediately.
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