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Jantar And Others v. State Of U.P. - CRIMINAL APPEAL No. 4526 of 2005  RD-AH 4407 (19 October 2005)
Hon'ble M.C. Jain, J.
Hon'ble Vinod Prasad, J.
We have heard Sri Dilip Gupta assisted by Sri R.P. Singh Yadav, counsel for the appellants on the bail prayer during the pendency of the appeal. The impugned judgment has been perused.
Appellant no.1--Jantar was allegedly armed with firearm, but the deceased did not sustain any firearm injury as gathered from the post mortem report reproduced in the judgment. Appellants no.2 and 3 Haqeekat and Hakim were allegedly armed with Pharsas but the deceased sustained a single cut wound as ante-mortem injury no.5 which was only muscle deep. The argument is that the same could not be responsible for the death of the deceased. There was another assailant also who is not the appellants before us.
Under the circumstances, appellants no.1, 2 and 3, namely, Jantar, Haqeekat and Hakim convicted and sentenced in Sessions Trial No. 771 of 1996 (State versus Jantar and others), are ordered to be released on bail during pendency of the appeal on depositing the amount of fine imposed upon them and on their executing a personal bond and furnishing two sureties each of Rs.25,000/- to the satisfaction of the C.J.M., Bulandshahr.
The C.J.M., Bulandshahr shall send the photocopies of the bail bonds to this Court within two weeks from the date of execution for the purposes of record.
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