Allahabad High Court
Moni @ Mohd. Ahmad vs State Of U.P. on 23 April, 2013
Bench: Vinod Prasad, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 6239 of 2010
Petitioner :- Moni @ Mohd. Ahmad
Respondent :- State Of U.P.
Petitioner Counsel :- Amit Saxena,Mohd. Farooq,Sharad Malviya
Respondent Counsel :- Govt. Advocate,Dileep Kumar,Sharique Ahmad
Hon'ble Vinod Prasad,J.
Hon'ble Anjani Kumar Mishra,J.
We have heard Sri Vinay Saran Advocate for appellant Moni @ Mohd. Ahmad, Sri Amit Saxena Advocate for appellant Swood Chikna. Learned AGA has filed counter affidavit in appeal of Swood Chikna which is taken on record. Sri Sharique Ahmad has also filed counter affidavit Sri Rajarshi Gupta has also been heard to the informant. Sri Amit Saxena made a statement that to the counter affidavit filed by learned AGA he does not propose to file any rejoinder affidavit. Sri Vinay Saran learned Advocate made a statement he has already filed a rejoinder affidavit to the counter affidavit filed by the informant as well as by the State.
In support of bail prayer of appellant, Swood Chikna, it is urged that he is not named in the FIR and no identification was got done and the prosecution version that he on his own violation disclosed that he is shooter in the incident is totally absurd.
It is further submitted for next appellant, Moni @ Mohd. Ahmad that though he is named in the FIR but the deceased sustained only two fatal injuries. Rest of the two injuries are on non vital part of the body (hand and leg) and therefore conviction of the appellant under Section 302 should not be sustained. It is futher contended that he was granted bail by this court and he is in jail since 2006.
Sri Rajarshi Gupta on the other hand pointed that these appellants have got criminal history.
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 appellants, namely, Swood Chikna and Moni @ Mohd Ahmad be enlarged on bail on his furnishing a personal bond of Rupees one lakh and two sureties each in the like amount to the satisfaction of trial Judge concerned in Case Crime No. 112 of 2006, under section 302, 384 and 307 I.P.C. P.S. Anwarganj, District Kanpur Nagar.
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.
This order, however, shall not be a ground for parity so far as main shooter, Sawood Kalia, is concerned whose case we find entirely distinguishable from the present two appellants.
Order Date :- 23.4.2013
Priyanka
