Hanif And Anr vs State Of U.P.
2014 Latest Caselaw 4941 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Case :- CRIMINAL APPEAL No. - 2506 of 2014
 
Appellant :- Hanif And Anr
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- P.K. Chauhan
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Heard learned counsel for the applicants-appellants and learned Additional Government Advocate and perused the record of the case.

It is argued by learned counsel for the appellants that the appellants have only been convicted under Section 304(1)/34 I.P.C. to ten years R.I. and life imprisonment under Section 3(2) (5) of S.C./S.T. Act . It is further argued that the incident took place on 22.12.1994 at 10.00 a.m. The deceased Sheo Ratan was medically examined by the doctor after 8 days i.e. 30.12.2014, he died on 10.1.1995. The F.I.R. was lodged on 12.1.1995. It is further submitted that during the trial two accused namely; Latif and Deen Mohammad have died and Nizab has been acquitted. Initially treatment was given to deceased by some local quacks. There are only two injuries found in the post-mortem, and as to who is the author of the said fatal injury could not be specified and there were five accused persons. The appellants were on bail during the trial, which they did not abuse.

Per contra, learned A.G.A has opposed the prayer for bail.

Having given our thoughtful consideration to the submissions of the parties and without expressing any opinion on the merits of the case, we are of the view that the appellants may be allowed bail.

Let the appellants Hanif and Habib convicted and sentenced in S.T. No.373 of 2003 (State Vs. Latif and others), Case crime no.35 of 1995, u/s 304(1)/34 I.P.C. and Section 3(2) (5) SC./S.T. Act,. P.S.Gursahaiganj, district Kannauj be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.

Realization of half of the fine shall  remain stayed during the pendency of the appeal.

Order Date :- 25.8.2014

Rkb