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Krishna Deo Mishra v. State Of U.P. - CRIMINAL APPEAL No. 152 of 2007  RD-AH 555 (10 January 2007)
Hon'ble M. K. Mittal, J.
Criminal Appeal No. 149 of 2007 has been filed by Ramesh Kumar Singh and criminal appeal no. 152 of 2007 has been filed by Krishna Deo Mishra against the judgement and order dated 15.12.2006 passed by Addl. Sessions Judge, F.T.C. No. 4, Jaunpur in S. T. No. 54 of 2004 whereby the appellants have been found guilty and convicted under Section 411 IPC and have been sentenced to undergo rigorous imprisonment for two years and fine has also been imposed on them with default stipulation.
By the impugned judgement, learned Trial Court has also directed for auction of the case property. Since these two appeals arise out of the same judgement, they be connected together.
Heard learned counsel for the parties and perused the impugned judgement.
Learned counsel for the appellants has contended that learned Trial Court has not made proper appreciation of the evidence on record and has erred in conviction the appellants. He has also contended that the alleged stolen property was not identified by the witness.
He has further contended that prosecution had failed to establish that the case property belongs to the informant and that is why learned Trial Court has directed for auction of the case property. He has also contended that in the circumstances no offence under Section 411 IPC is made out against the appellant and the learned Trial Court has erred in convicting them.
In the circumstances 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.
The realisation of fine as imposed on them shall remain stayed during the pendency of this appeal. They shall also furnish and undertaking that they will not indulge in any criminal or anti social 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.
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