Furkan vs State Of U.P.
2013 Latest Caselaw 1589 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1348 of 2012
 

 
Petitioner :- Furkan
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Santosh Tripathi
 
Respondent Counsel :- Govt. Advocate,Nitin Gupta
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Santosh Tripathi learned Advocate for the appellant Sri Nitin Gupta learned Advocate for the informant and learned AGA for the State.

It is submitted that major prosecution version of catching hold of the deceased by three other acquitted accused has been disbelieved by the learned trial judge himself while convicting the sole appellant Furkan.  The submission is that none of the prosecution witnesses all wholly reliable and no credence can ever be  attached to their testimonies.  It was therefore, submitted that the learned trial judge  fell in error in believing those very witnesses in respect of the appellant and convicting him. The incident is of hit and run incident which has been colored as a case of murder.  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.

Sri Nitin Gupta learned counsel urged that he has filed an appeal against acquittal of the three appellants in this Court. He, however, did not dispute that it is a case of single blow and three other persons have been acquitted to whom specific role of rounding of the deceased and catching hold of him have been assigned.

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 Furkan 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. 166 of 2005, under sections 302 I.P.C., P.S. Sahibabad, District Ghaziabad.

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's time to deposit the amount of  Rs. 10,000/- as fine imposed on him.  Rest of the amount of fine shall remain stayed during the pendcency of the appeal.

Order Date :- 2.5.2013

Priyanka