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Binder @ Bhoora v. State Of U.P. - CRIMINAL APPEAL DEFECTIVE No. 243 of 2006  RD-AH 11761 (19 July 2006)
Court No. 21
Criminal Appeal No. (243) of 2006
Binder @ Bhoora Vs. State of U.P.
Criminal Appeal No. (244) of 2006
Kehar Singh Vs. State of U.P.
Hon'ble. Mukteshwar Prasad, J.
Hon'ble Vinod Prasad, J.
Sri Mohd. Yusuf has filed his Power on behalf of complainant today; the same is taken on record. When the case is listed next, the name of Sri Mohd. Yusuf shall also be shown in the cause list as counsel for the complainant.
We have heard learned counsel for the appellants on the bail prayer of both the appellants in Criminal Appeal No. 243 of 2006 and Criminal Appeal No. 244 of 2006, Sri Mohd. Yusuf, learned counsel for the complainant and learned A.G.A. for the State.
Office is directed to summon the lower court record within four weeks.
Connect this appeal with Criminal Appeal No. 244 of 2006 and Criminal Appeal No. 3661 of 2006 filed by Kehar Singh and Pal respectively. Filing of the certified copy in this appeal as well as in appeal filed by Kehar Singh are dispensed with, since the certified copy of the impugned judgment is already on record of Criminal Appeal No. 3661 of 2006 Pal Vs. State of U.P.
It is submitted by learned counsel for the appellants that co-accused Pal has already been granted bail by this Bench vide order dated 6.7.2006 and the role of the present appellants are exactly identical with that of co-appellant (Pal).
On the other hand, learned A.G.A. also could not dispute the aforesaid facts.
Without adverting over the merit of the case further, we are inclined to release the appellants on bail during the pendency of their appeals.
Let appellants-Binder @ Bhoora and Kehar Singh be enlarged on bail during pendency of appeal on their executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Saharanpur in S.T. N0. 1366 of 1999 State Vs. Ranjeet Singh and 3 others provided the appellants deposit half of the amount of fine with the trial court within a period of one month from today. The recovery of remaining amount of fine shall remain stayed during pendency of this appeal.
The Chief Judicial Magistrate will send photocopies of the bail bonds to this Court immediately after its acceptance.
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