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SHAHNOOR versus STATE OF U.P.

High Court of Judicature at Allahabad

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Shahnoor v. State Of U.P. - CRIMINAL APPEAL No. 6455 of 2006 [2006] RD-AH 18262 (28 October 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

This appeal has been preferred by Shahnoor against the judgement and order dated 13.10.2006 passed by Addl. Sessions Judge, F.T.C. No. 1, Bijnor in S. T. No. 644 of 2005 whereby the appellant has been found guilty and convicted under Section 307/34 IPC and has been sentenced to undergo rigorous imprisonment for seven years and fine has also been imposed on him with default stipulation.

Heard learned counsel for the parties and perused the impugned judgement.

Admit.

The appellant is alleged to have exhorted co accused Shanwaz who fired at injured and caused him injuries. Co accused has been convicted under Section 307 IPC and has been sentenced to undergo rigorous imprisonment for ten years. The case of the appellant is distinguishable from that of co accused.

In the circumstances of the case, but without prejudice to the merits of the case, appellant 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. He shall also deposit Rs. 12,500/- out of the total fine imposed on him within four weeks and the balance amount of fine shall remain stayed during pendency of this appeal and the amount so deposited shall be paid to the injured as directed by the Trial Court forthwith. In case of default, the bail shall stand cancelled and the accused shall be committed to custody.

Dated: 28.10.2006

RKS/6455/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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