BIHARI AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Learned Counsel for appellants and learned State Counsel and perused the records.

(2.) LEARNED Counsel for accused appellants Bihari and Girdhari submitted that the case of these appellants is squarely covered by the order passed by this Court on 21.12.2009 while granting suspension of sentence to co -accused appellant Pappu alias Sunil, and Babaji alias Gyanendra and another, in two connected appeals.

(3.) AS there are general allegations levelled also against the appellants herein like those who have been granted bail, without expressing any opinion on the merits we accept the prayer for suspension of jail sentence and stay of recovery of fine qua the accused -appellants Bihari, son of Kand and Girdhari son of Kand Gaur, both residents of village Nihalpur, Police Station -Safipur, district Unnao. It is thus directed that during the pendency of this appeal, the jail sentence as well as recovery of fine of the aforesaid accused -appellants shall remain suspended and they shall be released on bail on the same terms as aforesaid in the order dated 21.12.2009.