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Allahabad High Court
Ram Avtar & Another vs State Of U.P. on 29 January, 2010
Court No. - 43

Case :- CRIMINAL APPEAL DEFECTIVE No. - 23 of 2010

Petitioner :- Ram Avtar & Another
Respondent :- State Of U.P.
Petitioner Counsel :- R.B. Verma
Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Since the certified copy of the impugned judgment has already been filed
along with the record of the Cr. Appeal No. 406 of 2010 therefore filing of the
same is hereby exempted.

Office is directed to allot a regular number of this appeal and connect with the
aforesaid appeal.

Heard the learned counsel for the appellants and learned AGA.

Summon the trial court record.

The appellants have been convicted in S.T. No. 262 of 2002 for the offences
under sections 307/34, 325/34 and 323/34 IPC and the maximum sentence
awarded to him is 5 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 hace not misused the liberty of bail. He
further contended that the appeal is not likely to be heard in near future. It is
contended by the learned counsel for the appellants that so far as the
appellants Ram Avtar and Ram Sevak are concerned, according to the case
itself they were alleged to have assaulted with blunt objects and it is co
accused Sri Krishna who has fired at the injured.
Learned AGA could not dispute the said fact.

Without expressing any opinion on the merit, let the appellants Ram Avtar
and Ram Sevak 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 him. 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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