Chief Justice's Court
Case :- CRIMINAL APPEAL No. - 3026 of 2018 Appellant :- Khursheed @ Bhoora Respondent :- State Of U.P.
Counsel for Appellant :- Virendra Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,Chief Justice Hon'ble Dr. Yogendra Kumar Srivastava,J.
While pressing this application seeking suspension of sentence, learned counsel appearing on behalf of the accused-appellant states that the incident in question occurred in the intervening night on 26-27.2.2004 and after a lapse of about eight months, accused-Khursheed @ Bhoora was arrested on 18th October, 2004. After his arrest, a sum of Rs.10,000/- was recovered at his instance but there is no material available on record to connect the cash so recovered with the crime in question.
Learned Additional Government Advocate while opposing the application did not point out any other material evidence against the accused-Khursheed @ Bhoora.
Having considered the arguments advanced and also going through the evidence as discussed in the judgement impugned and the record available, without making any observation on merits of the case, we deem it appropriate to accept the application seeking suspension of sentence. Accordingly, the application is allowed. Sentence awarded to the accused- Khursheed @ Bhoora under the judgement and order impugned dated 12th April, 2018 is suspended.
Let the appellant-Khursheed @ Bhoora be released on bail in Sessions Trial No.42 of 2004, State Vs. Ismail & others (arising out of Case Crime No.94 of 2004), under Sections 396, 302 I.P.C., Police Station Kurara, District Hamirpur as well as in Sessions Trial No.77 of 2004, State Vs. Khursheed @ Bhoora (arising out of case crime no.267 of 2004) under Section 25 Arms Act, Police Station Kurara, District Hamirpur, provided he furnishes two sureties of Rs.50,000/- each and a personal bond of the same amount to the satisfaction of the trial court.
The appellant is required to mark his attendance at Police Station Kurara, District Hamirpur, twice in a year in between 1st to 7th January and 1st to 7th July of the year concerned. In the event of failure to appear before the Police Station as per directions above, the bail bonds and sureties executed by the appellant to avail suspension of sentence shall stand forfeited.
Order Date :- 29.11.2018 m.a.
(Dr. Y.K. Srivastava, J.) (Govind Mathur, C.J.)