Court No. - 51
Case :- CRIMINAL APPEAL No. - 4221 of 2014
Appellant :- Haneef
Respondent :- State Of U.P.
Counsel for Appellant :- R.K. Verma,Chandra Kant Jha,F.A. Quershi,Nazrul Islam Jafri
Counsel for Respondent :- Govt.Advocate
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Order on Criminal Misc. Bail Application This is the second bail application moved on behalf of appellant Haneef in the instant criminal appeal. The first bail application was rejected by another Bench of this Court vide order dated 16.10.2015.
Heard learned counsel for the parties and perused the record.
Contention of the learned counsel for the appellant is that even if the prosecution story is believed to be true, all the accused persons have been assigned a general role; as per postmortem report, the deceased has received only one fatal injury i.e. injury no. 1 and it is difficult to say who is the author of the said injury; the appellant has been assigned the role of sooza, however, there is no puncture wound on the body of the deceased and the appellant has been falsely implicated in the present case due to ulterior motive; the appellant was on bail during trial which liberty has never been misused or abused by him; reliance has been placed upon the judgment of the Apex Court rendered in the case of Sri Kishan and Ors. v. State of U.P. reported in AIR 1972 SC 2056; there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Sri Sanjay Tripathi, learned A.G.A. has strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellant- Haneef convicted and sentenced in S.T. No. 144/2007 arising out of case crime no. 218/2006, u/s 147, 148, 302/149 IPC, PS Kurdfatehgarh District Moradabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the 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 appellant within a period of one month from the date of his 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 :- 29.3.2018 Anand