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Lal Dhar & Others v. State Of U.P. - CRIMINAL APPEAL No. 5091 of 2007  RD-AH 14238 (20 August 2007)
Hon'ble M.K. Mittal,J.
This appeal has been filed by Lal Dhar, Arvind Rai, Satya Narain Rai, Rama Kant Upadhyaya against the judgement and order dated 2.8.2007, passed by Additional Sessions Judge (F.T.C. No. 3), Azamgarh, in Sessions Trial No. 338 of 2005, whereby the appellants have been found guilty and convicted under Sections 307/34 IPC and have been sentenced to undergo rigorous imprisonment for five years and fine has also been imposed on them with default stipulation.
Written objection filed by learned A.G.A. be taken on record.
Heard learned counsel for the appellants, learned A.G.A. and perused the judgement.
Contention of learned counsel for the appellants is that appellants no. 1, 2 and 3 are alleged to have been armed with fire arms whereas appellant no. 4 with lathi. They are also alleged to have caused injuries to three injured persons. However, their injuries were found to be simple.
Considering the facts and circumstances of the case but without prejudice to the merits of the case, appellants be released on bail during the pendency of the appeal, on each of them furnishing a personal bond with two sureties each of like amount to the satisfaction of the court concerned and also on depositing of the amount of fine as imposed on them.
They shall deposit the fine as directed within a month after their released and failing it their bail shall stand cancelled.
The appellants shall give an undertaking that during the pendency of the appeal, they shall not indulge in any criminal and antisocial activity and shall have good behaviour and shall not threaten the witnesses or their family members. In case any complaint is received, it shall be properly enquired into and report, if any, is made to this court, the bail may be cancelled.
RKS/5091 of 2007
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