Shabbu & Others vs State Of U.P.
2013 Latest Caselaw 1816 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4944 of 2009
 

 
Petitioner :- Shabbu & Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Anil Raghav,S.P. Singh Raghav,V.K.Mishra
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the appellant and learned AGA for the State.

After hearing counsel for the appellant what we find is that so far as appellant Afzal is concerned, he has not caused any injury to the deceased.

Learned AGA did not dispute the said facts which is mentioned at internal page 3 of the impugned judgment.

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 Afzal 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. 317 of 2006, under sections 302/34, 307/34 I.P.C.,  P.S. Hasanpur, District  J.P. Nagar.

So far as the bail prayer of appellants, namely, Mumtaj and Shabbu are concerned, since we find, they are the main shooter, their bail prayers stands rejected.

Hearing of the appellants is expedited.

Office is directed to prepare paper book and list this appeal for final hearing before the appropriate Bench in the second week of May, 2013.

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 :- 8.5.2013

Priyanka