Over 2 lakh Indian cases. Search powered by Google!

Case Details

MUSTAQ AND OTHERS versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Mustaq And Others v. State Of U.P. And Others - CRIMINAL APPEAL No. 2098 of 2007 [2007] RD-AH 5828 (2 April 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.C.Deepak,J.

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.

Issue notice.

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

PKG/7 (2098/07)


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.