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Vimal Prakash Jain Alias Vimal Kumar Jain v. State Of U.P. - CRIMINAL APPEAL No. 2777 of 2007  RD-AH 7340 (20 April 2007)
Hon'ble M. K. Mittal, J.
Criminal appeal no. 2776 of 2007 has been filed by Ashok Kumar Soni and Criminal Appeal No. 2777 of 2007 has been filed by Vimal Prakash Jain for release on bail in their appeal filed by them against the judgement and order dated 16.4.2007 passed by Addl. Sessions Judge, Special Judge, Dacoity Affected Area, Lalitpur in S. T. No. 6 of 1991 whereby the appellants have been found guilty and convicted under Sections 394, 397 IPC and have been sentenced to undergo rigorous imprisonment up to seven years and fine has also been imposed on them with default stipulation.
Since these two appeals arise out of the same judgement, they be connected together.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the appellants has contended that there is no link evidence and the identification parade was held after four months of the arrest of the accused persons. He has also contended that only wrist watch is alleged to have been recovered from the possession of Vimal Prakash Jain.
In the circumstances of the case, but without prejudice to the merits of the case, appellants be released on bail during pendency of this appeal, on their furnishing personal bond and two sureties each in the like amount to the satisfaction of the Court concerned and on depositing half of amount of fine as imposed on them within a period of one month and the balance amount of fine shall remain stayed. In case of default, their bail shall stand cancelled and they shall be committed to custody.
They shall also give an undertaking that they will not indulge in any criminal or antisocial activity and shall not threaten the witnesses directly or indirectly and if any report is found against them, it shall be open for the Court below to report the matter to this Court, after inquiry, so that their bail may be cancelled.
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