High Court of Judicature at Allahabad
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Ram Swaroop & Another v. State Of U.P. - CRIMINAL APPEAL No. 4020 of 2006  RD-AH 12306 (26 July 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
We have heard learned counsel for the appellants 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 did not play any role in committing murder of Kishan Lal who was himself a criminal. The appellants were charged under Section 120-B of the Penal Code and the evidence led by the prosecution on this point is not reliable and the trial court erred in convicting the appellants with the aid of Section 120-B I.P.C. It is also urged that both 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. has submitted that Smt. Kalawati and Smt. Shyama Kanti heard the conversation of appellants while they were hatching conspiracy.
After having considered the arguments advanced on behalf of the parties and the facts and circumstances of the case, we are inclined to release both the appellants on bail during pendency of appeal.
Let the appellants-Ram Swaroop and Anil 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., Kanpur Nagar in S.T. No. 515 of 2002 State Vs. Pawan Kumar 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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