Bala Krishna Narayana, J. - (1.) HEARD the learned Counsel for the Appellants and the learned A.G.A. for the Respondent and perused the judgment and orders dated 29.08. 2011 and 14.9.2011 passed by the learned Additional Sessions Judge, Court No. 18, Aligarh in S.T. Nos. 637 of 2006 State v. Brahm Prakash and Ors., 637 -B of 2006 State v. Jai Prakash, 638 of 2006 State v. Jai Prakash and 639 of 2006 State v. Brahm Prakash.
(2.) ADMIT . Summon lower court record. Learned Counsel for the Appellants submitted that It is a case of a police encounter in which none of the police personnel sustained any injury. The case has been cooked up by the police to harass the Appellants. Moreso, the Appellants were on bail during the trial and never abused the same. The maximum sentence imposed on each of the Appellants is of five years. It was further contended that in case the Appellants are not released on bail, the appeal would, in due course, become infructuous as there is No. hope of an early hearing of the appeal due to heavy dockets.
(3.) IN my opinion, prima facie, the aforesaid submissions of the learned Counsel for the Appellants have substance, therefore, it is just and expedient to exercise the discretion in favour of the Appellants.;