KALUA AND OTHERS versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Kalua And Others v. State Of U.P. - CRIMINAL APPEAL No. 531 of 2007 [2007] RD-AH 1599 (1 February 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

This appeal has been filed by Kalua, Navi Ahmad, Siraj and Zafar Ali against the judgement and order dated 15.1.2007 passed by Addl. Sessions Judge, F.T.C. No. 1, Rampur in Sessions Trial No. 432 of 2005  whereby the appellants have been found guilty and convicted under Sections 308/34, 325/34, 323/34, 504, 506 IPC and have been sentenced to undergo simple imprisonment up to seven years and fine has also been imposed on them with default stipulation.

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

Admit.

Learned counsel for the appellants has contended that accused are alleged to have caused injuries to two person. Abdul Salam is alleged to have received fracture of parietal frontal bond. However, it has not come in evidence as to which of the accused caused this injury.

In the circumstances of the case, but without prejudice to the merits of the case, appellants be released on bail during pendency of this 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 within a month after their release and failing it they shall be committed to custody. They shall also give an undertaking that they will not indulge in any criminal or antisocial 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.

Dated: 1.2.2007

RKS/531/07

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