Court No. - 13
Case :- CRIMINAL APPEAL No. - 1146 of 2018 Appellant :- Mehtab Quraishi And 2 Others Respondent :- State Of U.P.
Counsel for Appellant :- Adil Jamal,Rakesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard Shri Adil Jamal, along with Shri Rakesh Kumar Singh, learned counsel for the applicants / appellants and learned A.G.A., on the Criminal Misc. Bail Application No. 1A/1 of 2018 in respect of Mehtab Quraishi and Raees Quraishi.
It is worth mentioned that this bail application in respect of Aftab Quraishi has already been disposed of by this Court vide its order dated 20.03.2018. As per gang-chart, Case Crime No. 116 of 1994 under section 307, Crime No. 174 of 1991 under section 302, 307 and Crime No. 194 of 1990 are shown pending against the both accused-appellants Mehtab Quraishi and Raees Quraishi. In the gang-chart one more Case Crime No. 176 of 1994 is shown pending against the appellant Mehtab Quraishi. In Crime No. 116 of 1995 accused-appellants Mehtab Quraishi and Raees Quraishi have been acquitted by the Court of Additional Session Judge, FTC-IInd, Kanpur Nagar, vide its Judgment and order dated 19.10.2016. Accused-appellants have already been acquitted in Case No. 2742 of 1991, under section 504, 506, in this regard appellant has filed the Sawal Talash (search application) in the Court. In this Sawal Talash (search application) Crime Number has not mentioned but the learned counsel for the appellant submitted that in this Case No. 2742 of 1991 related to Crime No. 174 of 1991 at P.S. Chamanganj. Accused-appellants Mehtab Quraishi and Raees Quraishi are enlarged on bail in Crime No. 194 of 1990 in Appeal No. 1312 of 1991 by the order dated 28.07.1992. Accused-appellant Mehtab Quraishi is enlarged on bail in Crime No. 176 of 1994 under section 302, 307 I.P.C., vide its order dated 03.04.1996 passed by High Court in Criminal Appeal No. 240 of 1996. Accused-appellant Mehtab Quraishi and Raees Quraishi are on bail during the trial and there is no evidence on file to show that they misused the bail in any way during the trial.
Considering these fact, Criminal Misc. Bail Application No. 1A/1 of 2018 deserves to be allowed.
Criminal Misc. Bail Application No. 1A/1 of 2018 is allowed.
Let the Accused Appellants Mehtab Quraishi and Raees Quraishi be enlarged on bail during the pendency of this appeal in Session Trial No. 116 of 1996 in Case Crime No. 144 of 1995 (State vs. Mehtab Quraishi and others), Police Station- Chamanganj, District- Kanpur Nagar, on furnishing a personal bond of Rs. 1,00,000/- and two sureties each of the like amount to the satisfaction of the Court concerned.
The realization of half amount of the fine is stayed during the pendency of this appeal provided the each appellant Mehtab Quraishi and Raees Quraishi deposit the rest half amount of the fine i.e. Rs. 12,500/- separately in the Court concerned at the time of their released on bail.
Office is directed to summon the lower Court record.
List after one month.
Files of Criminal Appeal No. 1312 of 1992 and 240 of 1996 are disconnected.
Order Date :- 29.3.2018 Swati