Hon'ble Anil Kumar Agarwal,J.
Heard the learned counsel for the appellants and the learned A.G.A. and perused the lower court record.
It is contended by the learned counsel for the appellants that there is a cross version of the alleged incident, from both side F.I.R. have been registered, both sides have sustained injuries. From the side of the prosecution accused Mohd. Meraj has sustained three incised wounds, there was a fracture on occipital bone. The injuries sustained by the appellants' side have not been explained. The prosecution has not come with clean hand, In a cross case the accused persons have been acquitted. The appellants were on bail during the pendency of the trial, they have not misused the liberty of bail, therefore, the appellant may be released on bail.
In reply to the above contention it is submitted by the learned A.G.A. that the prosecution has successfully proved its case beyond the shadow of doubt, therefore, the appellants may not be released on bail.
Considering the facts, circumstances of the case and submission made by the learned counsel for the appellants and the learned A.G.A. and from the perusal of the record and considering the fact that from the side of the appellants co-accused Mohd. Meraj had sustained three incised wounds and there was a fracture on occipital bone, the injuries sustained by Mohd. Meraj has not been explained and without expressing any opinion on the merits of the case the appellants are entitled for bail.
Let the appellants Sardar Akhtar @ Hazi Lalla and Bilal Akhtar convicted in S.T. No. 412 of 2000 under Sections 302/34,302 I.P.C. and section 27 of the Arms Act P.S. Nakhasa District Moradabad be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
The realization of fine shall remain stayed during the pendency of the appeal Order Date :- 16.1.2012 N.A.