Hon'ble Ramesh Sinha,J.
Heard Sri V.P. Srivastava, learned senior counsel, assisted by Sri Ram Babu Sharma, appearing for the appellants.
After having heard the prayer for bail, the two appellants, (1) Intezar and (2) Nanhey have renewed their prayer for bail, after having on earlier two occasions, failed to get an order directing their release. We are alive to the fact that it is a case under section 376 (g) Cr.P.C. but real act was not done by either of the two appellants it was indeed accompliced by appellant no.3, Sher Khan who is already in custody. The two appellants have served out about five years of sentence on account of being incarceration for that period.
We direct the release of the two appellants Intezar and Nanhey in Sessions Trial No . 33 of 1999 during pendency of the appeal, on execution of bonds each of Rs.20,000/- with two sureties, to the satisfaction of the Sessions Judge, concerned.
The paper books are ready. Let it be made over to the counsel for the appellants.
List this appeal in next cause list for hearing before appropriate bench, as the prayer of appellant No.3, Sher Khan, is already rejected and he is in custody.
Order Date :- 22.3.2012 skv