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CASE NO.: Appeal (crl.)  214 of 2008

PETITIONER: HEMANT RAI

RESPONDENT: ALLAUDDIN & ANR

DATE OF JUDGMENT: 28/01/2008

BENCH: ALTAMAS KABIR & J.M. PANCHAL

JUDGMENT: JUDGMENT

                               O R D E R         CRIMINAL APPEAL NO.  214  OF 2008 [Arising out of SLP(Crl.)No.6860 of 2006]

       Leave granted.         In this appeal, the brother of the deceased has prayed for cancellation of the bail  granted  to respondent No.1 Allauddin, despite his conviction under Sections 147, 148, 302/149 of the   Indian Penal Code and Sections 25/27 of the Arms Act.         The manner in which the deceased was killed and the other facts as revealed, in our  view,  did not warrant release of the respondent No.1 on bail while the appeal was pending before  the High Court.   

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       Having heard learned counsel for the respective parties, we, therefore, cancel the b ail  granted to the respondent No.1 and direct that he be taken into custody forthwith.         Having regard to the fact that the respondent No.1 has already  undergone seven year s’  imprisonment, we also request the High Court to dispose of the pending appeal  expeditiously.         The appeal stands allowed.