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Allahabad High Court
Rajendra & Others vs State Of U.P. on 29 January, 2010
Court No. - 43

Case :- CRIMINAL APPEAL No. - 379 of 2010
Petitioner :- Rajendra & Others
Respondent :- State Of U.P.
Petitioner Counsel :- Mohd. Naushad Siddiqui
Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Heard the learned counsel for the appellants and learned AGA.

Summon the trial court record.

The appellants have been convicted in S.T. No. 386 of 2001 for the offences
under sections 147, 148, 307/149 IPC and the maximum sentence awarded to
him is 7 years R.I. The rest of the sentences are lesser sentences and all the
sentences have been ordered to run concurrently.

On the bail prayer of the appellants and suspension of sentence under section
389 Cr.P.C. it is submitted by the counsel for the appellants that the appellants
were on bail during the trial and they have not misused the liberty of bail. He
further contended that the appeal is not likely to be heard in near future. He
further contended that there are cross version and four persons have sustained
injuries from the side of appellants and recorded conviction is bad in law and
on the same evidence other co accused have been acquitted by the trial judge.
Learned AGA could not dispute the said fact.

Without expressing any opinion on the merit, let the appellants Rajendra,
Parmatma, Bhoora, Shree Ram, Ram Sevak, Sone Lal and Babloo be released
on bail on their furnishing a personal bond of Rs. 1 lac with two sureties each
in the like amount to the satisfaction of trial judge concerned in the above
Sessions Trial for above offence. As soon personal and surety bonds are
furnished, photocopies of the same are directed to be transmitted to this court
forthwith by trial judge concerned to be kept on the record of this appeal.
Appellants are allowed one month time to deposit half of the amount of fine
awarded to them. Rest half of the amount of fine shall remain stayed during
the pendent elite of this appeal in this court.

Order Date :- 29.1.2010

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