Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant-appellant and learned Additional Government Advocate and perused the record of the case.
It is argued by learned counsel for the appellant that applicant has been in jail since 29.10.2005 i.e. for a period of eight years and ten months. When the second bail application was rejected on 30.11.2012 by earlier Bench, it was observed that the court does not want to review the earlier order of the Court unless the accused has completed eight years of his confinement. It is now said that period of eight years has elapsed. Co-accused Haqimuddin @ Choba, Jamiluddin @ Zumma who have assaulted the deceased with lathi and danda, were allowed bail on 5.11.2009. Another accused Mehboob was carrying firearm, but his fire did not hit the deceased. It is admitted that it is a case of a single fire.
Per contra, learned A.G.A has opposed the prayer for bail, but he could not dispute the long detention of the applicant in jail.
Having given our thoughtful consideration to the submissions of the parties and without expressing any opinion on the merits of the case, we are of the view that the appellant may now be allowed bail.
Let the appellant Gulab Hasan convicted and sentenced in S.T. No.477 of 2006 (State Vs.Gulab and others), Case crime no.289 of 2005, u/s 302/34, 323/34 and 504 I.P.C. P.S.Babari, district Muzaffarnagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.
Order Date :- 27.8.2014 Rkb