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Rajeev Sharma v. State Of U.P. - CRIMINAL APPEAL No. 6337 of 2006  RD-AH 17942 (18 October 2006)
Hon'ble M. K. Mittal, J.
Criminal Appeal No. 6313 of 2006 preferred by Anil Kumar and Criminal appeal no. 6337 of 2006 preferred by Rajeev Sharma have been filed against the judgement and order dated 13.10.2006 passed by Addl. Sessions Judge, Court No. 16, Bulandshahr in S.T. Nos. 1290 of 2000, 1291 of 2000 and 1292 of 2000 whereby the appellants have been found guilty and convicted under Sections 307/34, 414 IPC and Section 25 Arms Act and have been sentenced to undergo rigorous imprisonment up to seven years and fine has also been imposed on them.
Heard learned counsel for the appellants, learned A.G.A. and perused the impugned judgement.
Learned counsel for the appellants has contended that it is a case of firing on police party but no one was injured, although two persons are alleged to have fired at them. He has also contended that the accused has been falsely implicated because one Sub-inspector was tenant in his house. He has further contended that according to prosecution case Car was allegedly found in possession of the accused persons but the prosecution could not traced out the owner of that Car.
In the circumstances of the case, but without prejudice to the merits of the case, appellants be released on bail, during pendency of this appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. They shall also deposit the amount of fine as imposed on them and shall also give an undertaking that they will not indulge in any criminal or anti social activity and shall be of good behaviour and if any report is found against them, it shall be open for the Court below to report to this Court so that their bail may be cancelled.
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