SHYAM SUNDER AND ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shyam Sunder and another v. State of U.P. - CRIMINAL APPEAL No. 5260 of 2004 [2004] RD-AH 1136 (11 October 2004)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.C.Deepak, J.

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

Learned counsel for the accused-appellants submits that it is alleged that some bombs alleged to have been recovered from the possession of the accused-appellants.  The sentence awarded to the accused-appellants under section 5 of Explosive Act is 2 and ½ years.  The accused-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 Shyam Sunder and Pradeep convicted  under Sections  5 Explosives Act in S. T. No. 973 of 2003 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: 11.10.2004

MH/5260

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