Court No. - 1
Case :- CRIMINAL APPEAL No. - 7385 of 2017 Appellant :- Monis Respondent :- State Of U.P.
Counsel for Appellant :- Raja Ullah Khan,Brijesh Sahai Counsel for Respondent :- G.A.,Vinay Kumar Tripathi Connected with Case :- CRIMINAL APPEAL No. - 7386 of 2017 Appellant :- Pappu @ Mohsin Respondent :- State Of U.P.
Counsel for Appellant :- Raja Ullah Khan,Brijesh Sahai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Order on Crl. Misc. Bail Application No. 404596 of 2017(Monis vs. State of U.P.) & Crl. Misc. Bail Application No.404608 of 2017 (Pappu @ Mohsin vs. State of U.P.
Heard Sri Brijesh Sahai, learned counsel for the appellants, Sri Rama Shankar Mishra, Advocate holding brief of Sri Vinay Kumar Tripathi, Advocate, learned counsel for the complainant, Sri Jai Narain, learned A.G.A. for the State and perused the lower court record.
It has been contended by the learned counsel for the appellants that the appellant Monis was said to have driven the motorcycle in question whereas the shot was fired by co-accused Pappu @ Mohsin with a licensee gun. It is stated that the ocular testimony of the witness belies the postmortem report of the deceased. It is submitted that the deceased has received as many as five gun shot injuries on his person but as per the evidence of PW-1, PW-2, PW-3 including the injured witness the incident appears to have taken place in some other manner and not in the manner as stated by the prosecution. The appellant Monis was on bail during trial and he has never misused the liberty of bail and is in jail from the date of his conviction i.e. 14.11.2017. So far as the appellant Pappu @ Mohsin is concerned, he is in jail since 10.2.2013.
Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail. Learned counsel for the complainant submitted that the first informant is the father of the deceased whereas the PW- 2 is the mother of the deceased and injured and PW-3 is the brother of the deceased. He stated that the incident had taken place in the broad day light and the mother of the deceased who is PW-2 is an injured and she has deposed that the firing was made by the Pappu @ Mohsin who is main shooter by his licensee gun and the licensee gun was also recovered from the possession of the main shooter Pappu @ Mohsin.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant Monis is entitled to be released on bail.
Let the appellant Monis convicted and sentenced in S.T. No.513 of 2013 arising out of Case Crime No. 96 of 2013 under Section 302/34, 323/34 I.P.C., police station Sadar Bazar, District Shahjahanpur be released on bail on his furnishing a personal bond with two heavy sureties (out of which one should be a family member) each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
So far as the prayer for bail of appellant Pappu @ Mohsin is concerned, we find no good ground for grant of bail to the appellant Pappu @ Mohsin convicted and sentenced in S.T. No.513 of 2013 arising out of Case Crime No. 96 of 2013 under Section 302/34, 323/34 I.P.C. and 25/27 of Arms Act, police station Sadar Bazar, District Shahjahanpur, therefore, the prayer for bail of appellant Pappu @ Mohsin is rejected.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book within four months and list the same before appropriate Bench for final hearing.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.10.2018 AU