Court No. - 71
Case :- CRIMINAL APPEAL No. - 4631 of 2019 Appellant :- Parvez Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Afzal Ahmad Khan Durrani Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
This criminal appeal under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 20.5.2019 passed by Special Judge, SC/ST Act/Addl. Sessions Judge, Ghaziabad in Criminal Misc. Bail Application no. 3020 of 2019 in Special Sessions Trial No. 13 of 2006 (State Vs. Mahtab and others) arising out of Case Crime no. 553 of 2006, under Sections 323, 324, 307, 147, 504, 506, 452 IPC and 3(2) X of SC/ST Act, P.S.
Loni, District- Ghaziabad, seeking bail in the aforesaid sections.
Since the opposite party no. 2 had already shifted to Delhi, as such notice could not be served upon him and on being contacted on phone, he instructed that notice be served upon his neighbour Rajpal Kashyap, which was accordingly served, a copy of which has been annexed as Annexure No. CA-1 to the counter affidavit. The opposite party no. 2 is thus having knowledge about the pendency of present appeal, but no one has appeared on his behalf.
Learned counsel for the appellant has submitted that the appellant was earlier granted bail in the year 2006 and charges were framed against him on 11.12.2008 and he continued to appear before the trial Court till 5.7.2011 and thereafter non bailable warrant was issued against him, which was recalled. Subsequently, the appellant continued to appear before the trial court till 24.8.2017 and again non bailable warrant was issued against him, however the same was recalled. Thereafter the appellant could not appear on 13.11.2018 and as such non bailable warrant was issued against him. Pursuant to the said non bailable warrant, the appellant appeared before the trial court on 1.5.2019 and was released on interim bail. Thereafter his bail application has been rejected on 20.5.2019.
Learned counsel for the appellant has next submitted that on account of illness of his mother, he could not appear before the Court and non bailable warrant was issued against him. Learned counsel for the appellant has next submitted that henceforth the appellant undertakes to appear on each and every date fixed by the trial court and will cooperate in the trial by all means and prayed that one more opportunity be given to him to face trial and he may be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the appellant has been appearing before the Court since 2006, however the trial could not be concluded.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, the appeal has substance.
The impugned order dated 20.5.2019 passed by Special Judge, SC/ST Act/Addl. Sessions Judge, Ghaziabad, is set-aside and the bail application of appellant stands allowed.
Let the appellant Parvez be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned and one surety shall be family member of the appellant, subject to the following conditions :-
(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.
The trial court is directed to expedite t he trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 26.8.2019 KU