Saleem & 5 Others vs State Of U.P.
2013 Latest Caselaw 4288 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3149 of 2013
 

 
Appellant :- Saleem & 5 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- S.S. Shah
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellants and the learned AGA and have been gone through the record.

Admit.

Summon the lower court record.

It is contended by the learned counsel for the appellants that the appellants have been falsely implicated in the case. There is great inconsistency in the statement of the prosecution witnesses. The trial court has convicted the appellants for three years under Section 5/8 Prevention of Cow Slaughter Act. The conviction of the appellants and the sentence awarded is too excessive. The appellants were on bail during trial and now they are on interim bail. There is no likelihood of early hearing of appeal in near future because there is dockets of pendency of old appeals, therefore the appellants may be released on bail during the pendency of appeal. In case they are enlarged on bail, they will not misuse the liberty of bail. The appellants have already deposited the fine as imposed by the trial court.

Per contra the learned AGA has opposed the prayer of bail and supported the judgment of the trial court.

Considering the facts and circumstances of the case and keeping in view the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellants, namely, Saleem, Kallu, Suleman, Ishrat, Laeek and Hashim, convicted and sentenced in Session Trial No.750 of 2013, State Vs. Saleem & others, under Section 5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Bahsuma, District Meerut, be released on bail on their furnishing a personal bond each with two sureties each in the like amount to the satisfaction of the court concerned. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.

After receipt of the record the office is directed to prepare the paper book and list the appeal for hearing in due course.

Order Date :- 18.7.2013

Mustaqeem.