High Court of Judicature at Allahabad
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Mohammad Sajid & Another v. State Of U.P. - CRIMINAL APPEAL No. 4015 of 2006  RD-AH 12291 (26 July 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
Sri R.D. Singh, Advocate has filed his Parcha today on behalf of the complainant-respondent; the same is taken on record.
We have heard learned counsel for the appellants, Sri R.D. Singh, learned counsel for the complainant and learned A.G.A. for the State. We have gone through the judgment under appeal.
Office is directed to summon the trial court record within a period of six weeks.
It is contended on behalf of the appellants that they have been assigned the role of catching hold the deceased (Tanvir) and the role of firing has been assigned to other co-accused. It is also urged that the appellants were on bail during trial and there is nothing on record to indicate that they have misused the liberty of bail.
On the other hand, learned A.G.A. and learned counsel for the complainant have not disputed the aforesaid submissions of the appellants' learned counsel.
After having considered the arguments advanced on behalf of the parties as well as the role assigned to the present appellants, we are inclined to release both the appellants on bail during pendency of appeal.
Let the appellants-Mohammad Sajid and Imran @ Guddu 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., Mau in S.T. No. 251 of 2001 (crime No. 227/2001) State Vs. Matlub @ Pappu and others.
If each of the appellants deposits a sum of Rs.5000/- as fine in the court below within a period of one month from today, the recovery of remaining amount of fine shall remain stayed.
The Chief Judicial Magistrate will send photocopies of the bail bonds to this Court immediately after its acceptance.
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