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Asha Ram And Others v. State Of U.P. - CRIMINAL APPEAL No. 219 of 2007  RD-AH 888 (15 January 2007)
Hon'ble M. K. Mittal, J.
This appeal has been filed by Asha Ram, Tamal, Satyendra Singh, Pradeep, Prem Singh, Getam, Sohan, Surendra Singh, Puspendra Singh, Lochan, Dinesh, Nihal and Narendra against the judgement and order dated 8.1.2007 passed by Special Judge, Gangster Act, Agra in S. T. No. 690 of 1999 whereby the appellants have been found guilty and convicted under Sections 147/148, 452, 336, 307/149 IPC and have been sentenced to undergo rigorous imprisonment up to seven years and fine has also been imposed on them with default stipulation.
Heard learned counsel for the appellant, learned A.G.A. and perused the impugned judgement.
Learned counsel for the appellants has contended that the appellants have been wrongly implicated in this case and the learned Trial Court has not properly appreciated the evidence on record and has erred in convicting all the accused in different Sections as mentioned above. He has further contended that according to the statement of injured Dilip, fire was made by the co accused Gopi Chandra, who is at present not the appellant. Other accused were alleged to have been thrown brick bats but it appears that the injured were not hit by the brick bats.
In the circumstances, but without prejudice to the merits 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 amount of fine as imposed on them shall remain stayed. They shall also give 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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