High Court of Judicature at Allahabad
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Nem Pal & Others v. State Of U.P. - CRIMINAL APPEAL No. 6250 of 2006  RD-AH 17766 (16 October 2006)
Hon'ble M. K. Mittal, J
This appeal has been preferred by Nem Pal, Ratan, Shripal, Satish, Ashray Hasan, Narayan, Haidar Abbas and Girish against the judgement and order dated 22.9.2006 passed by Addl. Sessions Judge, Court No. 3 Bulandshahar in S. T. Ni. 946 of 2002 whereby the appellants have been found guilty and convicted under Sections 147, 323, 149, 435 IPC. Appellants have been sentenced to undergo rigorous imprisonment for one year under Section 147 IPC and three years rigorous imprisonment under Section 435 IPC and six months simple imprisonment under Section 323/149 IPC.
Learned Trial Court has directed that the sentences shall run concurrently. Learned Judge should have been careful while directing sentencing and directing the sentences to run concurrently particularly of simple and rigorous nature.
Heard learned counsel for the appellants, learned A.G.A. and perused the impugned judgement.
Learned counsel for the appellants has contended that appellants are on interim bail from the trial Court.
In the circumstances but without prejudice to the merits of the case, appellants shall continue on bail, during pendency of this appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned and on depositing the fine as imposed on them.
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