Nafees @ Lamboo vs State Of U.P.
2013 Latest Caselaw 1150 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 6822 of 2011
 

 
Petitioner :- Nafees @ Lamboo
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Anil Mullick,Ali Akbar Ansari,Avinash Dube
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

We have heard Sri Anil Mullick and Sri Avinash Dube for appellant Nafees @ Lamboo  in Criminal Appeal No. 6822 of 2011, Sri Vivek Kumar Singh for appellant Imraan in connected Appeal No. 6744 of 2011 and learned AGA for the State.

After looking to the allegations and looking to the injury report, we do not find it fit to grant bail appellant, Nafees @ Lamboo.  His bail prayer stands rejected.

So far as Imraan is concerned only roll of catching hold has been assigned to him.  It is further submitted that the appellant was on bail during trial which liberty he had not misused and chances of appeal being heard in near future is extremely remote.

Learned AGA has not disputed the period of detention as well as the aforesaid fact.

Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, we consider it appropriate to release the appellant on bail.

Let the appellant Imraan be enlarged on bail on his furnishing a personal bond of Rs. one lac with two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 772 of 2002, under sections 302 I.P.C.,  P.S. Brahampuri, District Meerut.

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.

The appellant is allowed one month time to deposit entire amount of fine awarded to him.

Order Date :- 22.4.2013

Priyanka