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Harpal And Others v. State Of U.P. - CRIMINAL APPEAL No. 687 of 2007  RD-AH 3275 (27 February 2007)
Hon'ble K.N.Ojha, J.
Heard Sri G.S.Chaturvedi, learned senior counsel with the assistance of Sri Ajatshatru Pandey, learned counsel for the appellants-accused, Sri Mewa Lal Shukla, learned AGA for the State and perused the impugned judgment.
It is contended by the learned counsel for the appellants-accused that the role of exhortation has been attributed to the appellant Niwasi alias Ram Niwas. Similarly the appellant Rajpal alleged to have armed with rifle but he did not appear to have caused any injury on the person of the deceased or the injured as there is no rifle injury.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit of the case, the appeal is admitted.
The appellants Rajpal and Niwasi alias Ram Niwas convicted under Section 148, 302/149, 307/149, 504, 506 IPC in S.T.Nos. 916 of 2000 and 164 of 2001 P.S. Dado Distt. Aligarh shall be released on bail on their furnishing a personal bond of Rs.50,000/-each with two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of the fine imposed upon the appellants Rajpal and Niwasi alias Ram Niwas shall remain stayed during the pendency of their appeal before this Hon'ble Court.
Summon the trial court's record within four weeks.
List on 19th April 2007.
The prayer for bail of the appellants accused Harpal, Jaypal, Samant Singh, Avnish, Viresh and Subedar shall be considered after receipt of the record.
Dt/- 27th February, 2007
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