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Smt. Padma Sharma v. State Of U.P. - CRIMINAL APPEAL No. 829 of 2007 [2007] RD-AH 4089 (9 March 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).


Court no. 45.

Criminal appeal No. 829 of 2007

Smt. Padma Sharma ..........                 Appellant


State of U.P. ..................                   Respondent.


                Connected with                            

Criminal appeal No. 1095 of 2007        

Ramesh Kumar Sharma & others   .......   Appellants


State of U.P. .............                               Respondents

         Connected with          

Criminal appeal No. 1117 of 2007

Umesh Kumar .             ...........              Appellant


State of U.P.             ...............           Respondent.


Hon'ble R.C.Deepak, J.

Hon'ble K.N.Ojha, J.

Objection filed by the State, be taken on record.

Criminal appeal nos. 829 of 2007 Smt. Padma Sharma vs. State of U.P., 1095 of 2007 Ramesh Kumar Sharma & others vs. State of U.P. and 1117 of 2007 Umesh Kumar vs. State of U.P. arise out of the order dated 1.1.2007  passed in Sessions Trial No. 350 of 2005 under section 364A I.P.C. Pertaining to Police Station Sarnath Distt. Varanasi and they have made prayer therein for their release on bail. The prayer is being heard together and is passed by a common order.

Heard Sri G.S.Chaturvedi, learned Senior Counsel with the assistance of Sri Ajatshatru Pandey, learned counsel for the appellant accused Umesh and Sri P.K.Singh, learned counsel for the remaining appellants accused, learned AGA and perused the objection and the impugned judgment.

It has vehemently been argued by Sri Chaturvedi, learned Senior Counsel that the identity of the appellant accused Umesh in regard to the offence has not been established, neither he was apprehended from the place from where the victim Ritesh Maheshwari was allegedly recovered by the police. No ransom was paid, therefore, the case of Umesh is distinguishable from the case of other accused who alleged to have been apprehended on the spot and certain articles were allegedly recovered. Similar is the argument of Sri P.K.Singh, learned counsel for the other appellants accused.

On the other hand, learned AGA submits that Ramesh Maheshwari was apprehended on the spot where the victim was abducted, therefore, his case is distinguishable from the case of appellant accused Smt. Padma Sharma and Sanjai Kumar Agrhari.

Considering the facts and circumstances of the case, but without expressing any opinion on the merit of the case, the appeal is admitted.

Issue notice.

List on 30th April 2007.

Connect this appeal with Criminal appeal nos. 1095 of 2007 and 1117 of 2007.

The appellants Smt. Padma Sharma, Sanjai Kumar Agrhari and Umesh Kumar convicted under Section 364A  IPC in Sessions Trial No. 350 of 2005 P.S. Sarnath Distt. Varanasi 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 Smt. Padma Sharma, Sanjai Kumar Agrhari and Umesh Kumar shall remain stayed during the pendency of his appeal before this Court.

Office is directed to summon the trial court's record within six weeks.

List on 27th April 2007.

The prayer for bail of the appellant Ramesh Kumar Sharma shall be considered after receipt of the record.

Dt/- 09th March, 2007

PKG/3 (829/07)


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