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Wahab v. State Of U.P. - CRIMINAL APPEAL No. 1938 of 2007 [2007] RD-AH 5424 (26 March 2007)


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Hon'ble R.C.Deepak,J.

Hon'ble K.N.Ojha, J.

Objection filed by the State, be taken on record.

Heard Sri Amit Daga, learned counsel for the appellant-accused, Sri Manu Saxena, learned counsel for the informant, learned AGA for the State and perused the objection and record.

             It is contended by the learned counsel for the appellant accused that the appellant does not appear to have caused any injury to the deceased, therefore, his case is distinguishable from the case of co-accused Nawab and Meharban who are alleged to have caused injury to the deceased.

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

Issue notice.

The appellant Wahab convicted under Section 302/34 IPC  in Sessions Trial No. 565 of 2003 P.S. Kairana Distt. Muzaffarnagar shall be released on bail on his 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 the fine imposed upon the appellant shall remain stayed during the pendency of his appeal before this Court.

This order may not operate parity in case of co-accused Nawab and Meharban.

Dt/- 26th March, 2007

PKG/5 (1938/07)


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