HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4201 of 2011 Petitioner :- Sayeed Respondent :- State Of U.P. Petitioner Counsel :- Samir Garg Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the appellant and the learned A.G.A. for the respondent and perused the judgment and order dated 14.07.2011 passed by Additional Sessions Judge, Court No. 17, Bulandshahr in S.T. No. 117 of 2002 (State v Jameel & others).
Admit. Summon lower court record.
Learned counsel for the appellant submitted that according to the medical report the injuries sustained by the injured persons were caused by knife by the co-accused Jamil, Sageer and Fakhru, therefore, the appellant Sayeed had no role to play in the present crime. P.W.-1, Mohd Shahzad Ali categorically stated that the appellant Syed had no knife. It was next submitted that the appellant was not charge sheeted by the police and was summoned under section 319 of the Code of Criminal Procedure. Moreso the appellant was on bail during the trial and never abused the same. The maximum sentence imposed on the appellant is of seven years under sections 307/34 IPC. It was further contended that in case the appellant is not released on bail, the appeal would, in due course, become infructuous as there is no hope of an early hearing of the appeal due to heavy dockets.
In my opinion, prima facie, the aforesaid submissions of the learned counsel for the appellant have substance, therefore, it is just and expedient to exercise the discretion in favour of the appellant.
Keeping in view the nature of offence, evidence, complicity of the accused, the severity of punishment and submissions of the learned counsel for the appellant and the learned AGA, I am of the view that the appellant has made out a case for bail.
Let the appellant Sayeed, who has been convicted and sentenced, in the aforesaid session trial be released on bail during the pendency of the appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the appellant deposits half of the fine within one month.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photo state copies thereof to this Court for being kept on the record of this appeal.
Let the paper books be prepared.
List the appeal for hearing in due course Order Date :- 16.8.2011 shailesh