Court No. - 74
Case :- CRIMINAL APPEAL No. - 357 of 2008 Appellant :- Habib And Another Respondent :- State Of U.P.
Counsel for Appellant :- Anil Raghav,Chandra Shekhar Kushwaha,S.P. Singh Raghav,Sanjay Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellants as well as learned A.G.A. for the State and perused the order-sheet of this case.
Learned counsel for the appellants has contended that non- bailable warrant has been executed and pursuant thereto the appellants are in jail. Now, straightway promise has been made that counsel for the appellants are ready to extend final argument as and when the Court directs and appellants will not occasion any delay and will not repeat his earlier mistake.
Also heard the learned A.G.A.
After considering the entirety of the case and the promise extended that argument on final hearing of the appeal will be extended very shortly on any date fixed, the appellants are entitled to be released on bail.
Let the appellants - Habib and Jalees- be released on bail in Sessions Trial No.43 of 2001, State vs. Habib and others, in case crime no.264 of 2004, under Sections 148, 149, 304, 307 IPC and S.T. No.45 of 2001, under Section 25 Arms Act and S.T. No.48 of 2001, under Section 4/25 Arms Act, Police Station Swar, District Rampur on their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by C.J.M. Rampur to be kept on the record of this appeal.
Office is required to ask for lower court that within 15 days positively by requesting the District Judge concerned to engage special messenger who will hand over the entire lower court record at the earliest.
List this case on 14th August, 2019.
Order Date :- 30.7.2019 Raj