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RAM PRAKASH @ BADE versus STATE OF U.P.

High Court of Judicature at Allahabad

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Ram Prakash @ Bade v. State Of U.P. - CRIMINAL APPEAL No. 206 of 2007 [2007] RD-AH 1198 (18 January 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

This appeal has been filed by Ram Prakash @ Bade against the judgement and order dated 4.12.2006 passed by Addl. Sessions Judge, F.T.C. No. 3, Kanpur Dehat in Special S.T. No. 42 of 2006 and S. T. Nos. 241 of 2006, 242 of 2006 and 252 of 2006 whereby the appellant has been found guilty and convicted under Section 307 IPC and Section 25 Arms Act and Section 20 (b)(2) of N.D.P.S. Act and has been sentenced to undergo rigorous imprisonment  up to seven years and fine  has also been imposed on him with default stipulation.

Heard learned counsel for the parties and perused the impugned judgement.

Admit.

Learned counsel for the appellant has contended that appellant has been wrongly implicated in this case and that trial court has not properly appreciated the evidence on record. He has further contended that there are material contradiction even regarding time of departure for the Police Station and the reaching of the Police Party at the place of occurrence. He has further contended that there is no criminal history against the appellant and that there is no likely to commit any such crime in future.

In the circumstances of the case, but without prejudice to the merits of the case, appellant be released on bail during pendency of this appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.  He shall also deposit the amount of fine as imposed under the N.D.P.S. Act and the fine imposed in other sections shall remain stayed during pendency of this appeal.

He shall also give an undertaking that he will not indulge in any criminal or anti social activity and if any report is found against him, it shall be open for the Court below to report to this Court so that his bail may be cancelled.

Dated: 18.1.2007

RKS/206/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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