Allahabad High Court
State Of U.P. vs Sabir And Another on 10 May, 2017
Bench: Shashi Kant Gupta, Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- GOVERNMENT APPEAL No. - 5718 of 2010
Appellant :- State Of U.P.
Respondent :- Sabir And Another
Counsel for Appellant :- D.R. Chaudhary,A.G.A.
Counsel for Respondent :- Pawan Singh Pundir
Hon'ble Shashi Kant Gupta,J.
Hon'ble Abhai Kumar,J.
Ref:Criminal Misc. Bail Application No. 155069 of 2017.
Heard Sri P.S Pundir, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The Government Appeal No.5718 of 2010 was filed against the order of acquittal of the accused respondent Nos.1 and 2 and after admitting this appeal, bailable warrant was issued against the accused respondent Nos. 1 and 2 directing them to appear before this Court on 23.12.2016.
Despite bailable warrant issued against the accused respondent Nos. 1 and 2, neither they sought bail from the Court below nor appeared before this Court on the date fixed i.e. 23.12.2016. When the matter was taken up, the following order was passed by this court:
"Chief Judicial Magistrate, Saharanpur has submitted a report dated 29.10.2016 stating that whereabouts of the accused is not known as they have disposed of their property and shifted to an unknown place.
S.S.P. Saharanpur is directed to trace out the accused-respondents and ensure their arrest for being produced before this Court and submit a report within two months.
List after expiry of the aforesaid period along-with the said report.
Copy of the order may be provided to learned A.G.A. free of cost."
In pursuance of the aforesaid order, the accused respondent Nos. 1 and 2 were arrested on 8.5.2017 and were produced before this Court yesterday i.e. 9.5.2017. A bail application was filed on behalf of accused- respondent Nos. 1 and 2 seeking bail. This Court after considering the matter, directed the bail application to be taken up today i.e. 10.5.2017 as unlisted along-with the record of the present Government Appeal. The police personnel, who produced the accused-respondent Nos.1 and 2 before this Court were directed to take back the accused-respondent Nos.1 and 2 and produce before the court concerned i.e. Chief Judicial Magistrate for being remanded to judicial custody.
The Bail Application No. 155069 of 2017 of the accused-respondent Nos. 1 and 2 has been placed before us along-with the record of Government Appeal No.57178 of 2010. Paragraph nos. 3,4,5 and 6 of the affidavit are as under :
"3. That due to illness of mother/applicant no. 2 applicants has sale the house and they are living at village Sirsala, Tehsil Nakur, District Saharanpur and information was given to the concerned authority on 19.09.2016. A photocopy of the family register showing the changing in address is annexed herewith and marked as Annexure No.1 to this affidavit.
4. That notice issued by this Hon'ble Court was not served upon the applicant as the appeal was admitted on 26.09.2016 and due to none appearance Non bailable Warrant was issued by this Hon'ble Court on 23.12.2016. A photocopy of the order dated 26.09.2016 and 23.12.2016 is being filed herewith and marked as Annexure No. 2 to this affidavit.
5. That applicants has move an application for recalling of order before this Hon'ble Court on 04.4.2017 which is still pending.
6.That the marriage of two sister of the applicant is to be solemnized on 16.05.2017 and no one is looking after and arrange the marriage, a photocopy of marriage card of the sister of the applicant is being filed herewtih and marked as Annexure No. 3 to this affidavit."
Considering the facts and circumstances of the case and the averments made in the affidavit and the submissions advanced by the learned counsel for the accused-respondent Nos. 1 and 2.
Let the applicants, namely, Sabir and Smt. Buddha, involved in Case Crime No.435 of 2008, (S.T. No. 139 of 2009), under Sections 498-A, 304-B, 302/34, 323/34, 504 I.P.C., and 3/4 of D.P. Act, P.S. Gangoh, District Saharanpur, be released on bail on their furnishing a personal bond of Rs.20,000/- (Twenty thousand ) and two sureties each in the like amount to the satisfaction of the Court concerned.
Let a certified copy of this order be issued to the learned counsel for the accused respondent nos. 1 and 2 on payment of usual charges today.
Order Date :- 10.5.2017
N.A.
Case :- GOVERNMENT APPEAL No. - 5718 of 2010
Appellant :- State Of U.P.
Respondent :- Sabir And Another
Counsel for Appellant :- D.R. Chaudhary,A.G.A.
Counsel for Respondent :- Pawan Singh Pundir
Hon'ble Shashi Kant Gupta,J.
Hon'ble Abhai Kumar,J.
Since the lower court record has already been received, the office is directed to start the process of preparing the typed paper book and list this matter for hearing in due course.
Order Date :- 10.5.2017
N.A.
