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Munna Jatav & Others v. State Of U.P. - CRIMINAL APPEAL No. 201 of 2007  RD-AH 2981 (22 February 2007)
Hon'ble R.C. Deepak, J.
Hon'ble K.N. Ojha, J.
Objection filed by the State, be taken on record.
Heard Sri A.B.L. Gour, learned senior advocate with the assistance of Sri Saurabh Gour, learned counsel for the appellants-accused, learned A.G.A. for the State and perused the impugned judgment.
It have vehemently been argued by the learned counsel for the appellants-accused that it is alleged that appellant no.1 with the assistance of appellant nos. 2 & 3 made the abduction of the victim named Kehri Singh and appellant no.3 kept him in a cave. It is further alleged that appellant no.4 Smt. Bitto Devi was employed to provide food etc. to the victim. The victim was allegedly recovered by the police from the cave and Smt. Bitto Devi was present there. His further contention is that the case of Smt. Bitto Devi is distinguishable from the case of other appellants.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit thereon, the appeal is admitted.
Office is directed to summon the trial court's record within three weeks.
The case shall be listed on 2nd April, 2007.
The appellant Smt. Bitto Devi convicted under Section 368 IPC in S.T. No.90 of 1994, Police Station Nidhauli Kalan, District Etah shall be released on bail on her furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of fine imposed upon appellant Smt. Bitto Devi shall remain stayed during the pendency of her appeal before this Court.
The prayer for bail of the appellants-accused Munna Jatav, Girraj and Raj Kumar shall be considered after the receipt of the trial court's record.
Dated : 22nd February, 2007.
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