Yaseen vs State Of U.P.
2013 Latest Caselaw 1229 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 49 of 2010
 

 
Petitioner :- Yaseen
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ravi Vrat Pathak,Sudeep Pathak
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Atul Kumar Tiwari in support of bail prayer of appellant Yaseen and learned AGA for the State.

It is urged that the according to the FIR version Yaseen (appellant) and Ansar Khan both shot at the deceased but the deceased sustained single a injury which belie ocular version.

It is next urged that co-accused Ansar Khan has been acquitted and under Section 25 Arms Act present appellant Yaseen has also been acquitted and therefore, conviction under Section 302 I.P.C. of the present appellant is bad in law.  It is further submitted that appellant Yaseen was not on bail he has already served more than six years of imprisonment after conviction pending his appeal in this Court. 

Learned AGA did not dispute the aforesaid facts.

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 Yaseen 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 S.T. No. 43 of 2007, under section 302 I.P.C., P.S. Farukkhabad, District Farukkhabad.

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 :- 23.4.2013

Priyanka