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35. In view of above, this appeal qua Satpal and Pratap @ Pappu is allowed. Their conviction and sentence awarded vide impugned judgment and order on sentence are set aside and they are acquitted of the charge framed.
36. Perusal of the record shows that Appellants Pratap @ Pappu and Satpal were granted bail till the disposal of this appeal vide orders 19.04.2006 and 29.11.2006 respectively.
[As per earlier nominal roll of the Appellant Pratap @ Pappu received from Tihar Jail, he has undergone sentence of 6 months and 11 days as on 11.10.2003 in case FIR Nos.158/2003 and 160/2003, PS Samay Pur Badli. It is also mentioned in this nominal roll that this Appellant Pratap @ Pappu was sent for Court production at Sonepat Court, Haryana on 11.10.2003 where he was convicted in case FIR No.54/2000, PS Kundi, Haryana, so he was detained in Sonepat Jail. In view of this report received from Tihar Jail, report was called from District Jail, Sonepat. Report dated 27.05.2013 was received from District Jail, Sonepat as per which Appellant Pratap @ Pappu was released on bail on 13.06.2006 in case FIR No.54/2000 under Section 395/397/511, PS Kundli. In this report, in the column 'Details of Pending Undertrial Case' Appellant Pratap @ Pappu is also shown to be on bail in case FIR No.820/2002 under Section 459/360/34 IPC, PS Badli, Delhi and in case FIR No.175/2004 under Section 309 IPC, PS City Sonepat, he has undergone the sentence.
As per the nominal roll of the appellant Satpal received from District Jail, Karnal (Haryana), he was sent to the said Jail on 02.03.2008 on transfer from District Jail, Sonepat in compliance of order of Director General of Prisons, Haryana on administrative ground. As per this nominal roll, he was convicted in various cases and was finally released from jail custody on 26.04.2008. As per the nominal roll of Satpal @ Gopal received from Tihar Jail, he was not admitted to this jail as convict and presently he is not in the Jail.]