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Mustaq And Others v. State Of U.P. And Others - CRIMINAL APPEAL No. 2098 of 2007  RD-AH 5828 (2 April 2007)
Hon'ble R.N.Misra, J.
Objection filed by the State, be taken on record.
Heard learned counsel for the appellants-accused, learned AGA for the State and perused the objection and record.
It is contended by the learned counsel for the appellants accused that there is no evidence of actual killing of the deceased. It is alleged that a ransom was made and a letter in this regard was written by the appellant Mahfooz Khan but that could not be proved. He further submits that it is alleged that the dead body of the deceased and a plastic bag full of stones were recovered at the pointing of the appellants but the recovery memo so prepared, does not contain the signature of the appellants, therefore, it cannot be treated as a recovery memo, so far as the recovery of the dead body is concerned. There is no other evidence to show the participation of the appellants in the alleged offence.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit thereon, the appeal is admitted.
The appellants Mustaq, Nashir, Mahfooz Khan, Gaffar and Chunna convicted under Section 364A, 201 IPC in Sessions Trial No. 42 of 1994 P.S. Civil Lines Distt. Badaun 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 appellant shall remain stayed during the pendency of their appeal before this Court.
Dt/- 02nd April, 2007
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