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Ram Baran, Babai v. State of U.P. - CRIMINAL APPEAL No. 5243 of 2004 [2004] RD-AH 1132 (11 October 2004)


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).


Hon'ble R.C.Deepak, J.

Heard learned counsel for the accused-appellants, learned Addl. Government Advocate for the State and perused the judgment.

The learned counsel for the accused-appellants submits that the accused appellants were allegedly seen with the company of Daya Shanker, the deceased on 1.7.2002 but the report was made on 18.10.2002. There is no evidence to indicate that the accused appellants participated in the commission of the murder of the deceased. The appellants had been on bail during trial and they had not misused the privileges granted to them.  There is no possibility that the appeal be heard in the near future.

Considering the arguments of the learned counsel for the parties, as stated above, but without expressing any opinion of their arguments on merit, the appeal is admitted.

Issue notice.  

Appellants Ram Baran and Babai convicted  under Sections 302/34, 201 IPC in Sessions Trial No. 130 of 2002 shall be released on bail on their  furnishing  a  personal  bond  with two sureties each in the like amount to the satisfaction of Court concerned.

The realization of fine shall also remain stayed during the pendency of their appeal before this Hon'ble Court.

Dated: 11th  October, 2004.

PKG/ 2 (5243/04)


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