Court No. - 51
Case :- CRIMINAL APPEAL No. - 4977 of 2010 Appellant :- Haji Munna & Another Respondent :- State Of U.P.
Counsel for Appellant :- Maqsood Ahmad,Anita Singh,Dileep Kumar,Neeraj Kumar Sharma,Noor Mohammad,Rahul Pandey,Rang Nath Pandey,Shakti Dhar Dube Counsel for Respondent :- Govt. Advocate,Samit Gopal
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Noor Mohammad and Sri Rahul Pandey, learned advocate on the Second Bail Application filed on behalf of Hazi Munna and Furqan and learned A.G.A. for the State.
Applicants seeks bail in ST No.260 of 2007 (State vs. Munna and Others) in Case Crime No. 103 of 2007, under section 302/34, IPC, Police Station Dadri, District Gautam Budh Nagar, in Session Trial No. 261 of 2007 (State vs. Furqan) in Case Crime No. 135 of 2007, under section 25 (1-B) (B) Arms Act, Police Station Dadri, District Gautam Budh Nagar in Sessions Trial No. 263 of 2007 (State vs. Munna) in Case Crime No. 147 of 2007, under section 25 (1-B) (B) Arms Act, Police Station Dadri, District Gautam Budh Nagar, during pendency of the appeal.
Contention in the Second Bail Application is to the effect that First Bail Application was rejected by Another Bench of this Court vide order dated 05.12.2012. The further contention is that the appellants/applicants are in Jail since 26.02.2007 and have suffered incarceration in jail for a period of 11 and 1/2 years and he further stated that the appeal is not likely to be heard in near future. Further contention is that even if the entire prosecution case if believed to be true the only role assigned to the applicants/appellants is to causing knife injury i.e. too single injury caused by them. There is no case of repeated stabbing causing of repeated injury by the applicants/appellants. It is also contended that the appellants were on bail during trial which liberty has never been misused or abused by them and the appellants have no previous criminal history; there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Learned A.G.A. has strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicants Haji Munna and Furqan convicted and sentenced in the aforesaid crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Fifty percent of the fine shall be deposited by the appellants/applicants within a period of one month from the date of their release and balance fifty percent of fine shall remain stayed during the pendency of this appeal. In case of default in depositing fifty percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 31.8.2018 Swati