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Kalloo Sharma @ Radha Krishan Sharma & Others v. State Of U.P. - CRIMINAL APPEAL No. 6411 of 2006  RD-AH 18087 (26 October 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 impugned judgment also.
Office is directed to summon the trial court record within a period of six weeks.
It is contended that the appellants no.1 and 2 are father-in-law and mother-in-law of deceased (Smt. Neelam) respectively. Appellant no.3 is husband of sister-in-law of the deceased. It is contended that the mother of the deceased clearly disclosed in the court that appellant no.3 made no demand of dowry before marriage or after marriage. Moreover, he was on bail during trial.
In view of the role assigned to appellant no.3 (Anil Sharma), we are of the opinion that he deserves bail during pendency of appeal.
Let the appellant no.3 (Anil Sharma) be enlarged on bail during pendency of appeal on his executing a personal bond and furnishing two bonds of sureties, each in the like amount to the satisfaction of C.J.M., J.P. Nagar in S.T. No. 466 of 2003 State Vs. Kalloo Sharma and others.
If the appellant no. 3 (Anil Sharma) deposits a sum of Rs.5,000/- as fine within a period of one month from today in the court below, the recovery of remaining amount of fine shall remain stayed only against him during pendency of appeal.
The bail prayer of appellants no. 1 and 2 (Kalloo Sharma @ Radha Krishna Sharma and Smt. Dropa) shall be considered after receipt of record.
List after two months.
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