High Court of Judicature at Allahabad
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Amin & Another v. State Of U.P. - CRIMINAL APPEAL No. 19 of 2007  RD-AH 641 (11 January 2007)
Hon'ble M. K. Mittal, J.
This appeal has been filed by Amin and Rajju against the judgement and order dated 21.12.2006 passed by Addl. Sessions Judge, F.T.C. No. 1, Bhadohi-Gyanpur in S. T. No. 398 of 1998 whereby the appellants have been found guilty and convicted under Sections 307, 323 IPC and have been sentenced to undergo rigorous imprisonment up to four years and fine has also been imposed on them with default stipulation.
Heard learned counsel for the parties and perused the impugned judgement.
Learned counsel for the appellants has contended that appellants were not named in the F.I.R. and their names were introduced after five days. In this case the injured received one lacerated wound on his head and the fire shot on his leg. According to learned counsel for the appellants the fire shot was made by co accused Aslam whose case has been separated on the ground of his being juvenile and in any case it would not travel beyond the scope of Section 323 IPC.
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.
They shall also deposit half of the amount of fine as imposed on them and the balance amount of fine shall remain stayed during pendency of this appeal and shall also furnish an 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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