Court No. - 50
Case :- CRIMINAL APPEAL No. - 5075 of 2017 Appellant :- Shakeel Respondent :- State Of U.P.
Counsel for Appellant :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. Ist Bail Application No.295839 of 2017
Heard learned counsel for the applicant-appellant, learned AGA for the State and perused the record.
Learned counsel for the applicant-appellant submits that applicant-appellant has been falsely implicated and has been wrongly convicted for the offences under Sections 307 I.P.C. and Section 25 Arms Act; that the applicant-appellant has been sentenced with rigorous imprisonment for a maximum period of 7 years and fine under Section 307 IPC; that the recovery of fire arm from the applicant-appellant has been falsely planted; that there is no independent witness of alleged recovery which is inadmissible in evidence; that the applicant-appellant has falsely implicated and had no motive to cause injury to the victim, Km. Priyanka; that the fire arm injury is alleged to have been caused to injured on the right leg, the non-vital part of the body, which may not be considered to be dangerous to her life; that the victim is alleged to have died a natural death after two years of the incident; that during trial applicant-appellant was on bail and has not misused the liberty of bail and is in custody since the date of judgment of conviction i.e. 22.07.2017; that the entire prosecution story is absolutely false and incorrect; that there are material contradictions in prosecution evidence; that the trial court has acted wrongly and illegally in convicting the accused-appellant and he has every hope of success in appeal; that there is no likelihood of appeal to be heard in near future due to huge pendency of old appeals before the court; that the applicant-appellant has no criminal history; that the applicant-appellant undertakes that he will not misuse the liberty of bail and shall remain present before the Court as and when required and he will cooperate with the hearing of appeal for which his counsel will remain present on the dates of listing.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicants-appellants have been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicants-appellants.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the applicant-appellant Shakeel be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 762 of 2007, Case Crime No.371 of 2006, under sections 307 I.P.C. and S.T. No. 763 of 2007, Case Crime No.405 of 2006 under Section 25 of Arms Act both under P.S. Sadar Bazar, District Shahjahanpur, and subject to deposit of 50% amount of fine imposed on him and undertaking that applicant-appellant will cooperate with the hearing of the appeal.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
Order Date :- 28.8.2018 Deepika