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Ram Pujan And Others v. State Of U.P. - CRIMINAL APPEAL No. 2772 of 2007  RD-AH 7317 (20 April 2007)
Hon'ble M. K. Mittal, J.
Appellants Ram Pujan, Kamlesh, Lalak, Ram Asarey, Rajendra and Shiv Shankar have prayed for release on bail in this appeal filed by them against the judgement and order dated 11.4.2007 passed by Addl. Sessions Judge, F.T.C.-II, Court No. 2, Banda in S.T. No. 99 of 2003 whereby the appellants have been found guilty and convicted under Sections 323/149, 325/149, 308/149 IPC. Appellant Kamlesh has been found guilty under Section 147 IPC and the other appellants under Section 148 IPC. All the accused have been sentenced to undergo rigorous imprisonment up to five years and fine has also been imposed on them with default stipulation.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the appellants has contended that it is a cross case and in the cross case the accused have been convicted with life imprisonment and one person lost life on their side.
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 their furnishing personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. Realization of fine shall remain stayed during pendency of appeal.
They shall also give an undertaking that they will not indulge in any criminal or antisocial activity and shall not threaten the witnesses directly or indirectly and if any report is found against them, it shall be open for the Court below to report the matter to this Court, after inquiry, so that their bail may be cancelled.
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