Gulab Hasan & Others vs State Of U.P.
2014 Latest Caselaw 5141 ALL

Citation : 2014 Latest Caselaw 5141 ALL
Judgement Date : 27 August, 2014

Allahabad High Court

Gulab Hasan & Others vs State Of U.P. on 27 August, 2014

Bench: Amar Saran, Karuna Nand Bajpayee




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Criminal Misc. IIIrd Bail Application No.242649 of 2013
 
                                      IN
 
Case :- CRIMINAL APPEAL No. - 1922 of 2009
 

 
Appellant :- Gulab Hasan & Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- V.M. Zaidi,Amit Daga,Amit Misra,Nazrul Islam Jafri
 
Counsel for Respondent :- Govt. Advocate,P Bharti
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Heard learned counsel for the applicant-appellant and learned Additional Government Advocate and perused the record of the case.

It is argued by learned counsel for the appellant that applicant has been in jail since 29.10.2005 i.e. for a period of eight years and ten months. When the second bail application was rejected on 30.11.2012 by earlier Bench, it was observed that the court does not want to review the earlier order of the Court unless the accused has completed eight years of his confinement. It is now said that period of eight years has elapsed. Co-accused Haqimuddin @ Choba, Jamiluddin @ Zumma who have assaulted the deceased with lathi and danda, were allowed bail on 5.11.2009. Another accused Mehboob was carrying firearm, but his fire did not hit the deceased. It is admitted that it is a case of a single fire.

Per contra, learned A.G.A has opposed the prayer for bail, but he could not dispute the long detention of the applicant in jail.

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 appellant may now be allowed bail.

Let the appellant Gulab Hasan convicted and sentenced in S.T. No.477 of 2006 (State Vs.Gulab and others), Case crime no.289 of 2005, u/s 302/34, 323/34 and 504 I.P.C. P.S.Babari, district Muzaffarnagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.

Order Date :- 27.8.2014

Rkb