Allahabad High Court
Fahim & 2 Others vs State Of U.P. on 3 May, 2018
Bench: Shashi Kant Gupta, Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- CRIMINAL APPEAL No. - 5829 of 2016
Appellant :- Fahim & 2 Others
Respondent :- State Of U.P.
Counsel for Appellant :- Chandra Prakash Singh
Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J.
Hon'ble Bachchoo Lal,J.
Ref : Criminal Misc. Bail Application No. 354358 of 2016.
This bail application has been filed on behalf of appellants namely, Fahim, Nadim and Wasim all sons of Matin who have been convicted in S.T. No. 111 of 2014, crime no. 672 of 2013, under Sections 302/34 and 307/34 I.P.C. police station Sikandarabad District Bulandshahar and sentenced to undergo for life imprisonment with fine.
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
Learned counsel for the appellants submits that the appellants are innocent and they have been falsely implicated in the present case. It has further been submitted that all the witnesses of fact namely, P.W.-1 Tahir, P.W.-2 Abdul Hakim- injured, P.W.-3 Asif and P.W.-4 Shahid have been turned hostile during trial. The P.W.-1 Tahir himself, who is informant of the case, has not supported the prosecution case in his cross-examination and has turned hostile. It has further been submitted that the recovery of country made pistol of 315 bore along with two cartridges found to be false as the court recorded a finding that the prosecution has failed to prove its case against the accused Fahim and Nadim beyond reasonable doubt for the offence punishable under section 25 Arms Act on that account they have been acquitted by the trial court in the said section. The evidence of the witnesses of fact is not believable. The false allegation has been made against the appellants. The appellants are in jail since 15.11.2013 and there is no likelihood of early hearing of the appeal in near future.
Per contra, learned AGA vehemently opposed the prayer for bail and supported the trial court's judgement. He submitted that P.W.-1 has fully supported the prosecution case in his examination-in-chief, however, in his cross-examination which was conducted after 8 months of the examination-in -chief, P.W.-1 turned hostile because P.W.-1 as well as other witnesses of fact were won over by the accused appellants.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, we are of the opinion that the appellants have made out a case for bail.
Let the appellants Fahim, Nadim and Wasim convicted and sentenced in S.T. No. 111 of 2014, crime no. 672 of 2013, under Sections 302/34 and 307/34 I.P.C. police station Sikandarabad District Bulandshahar be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.
Lower court record has been received, office is directed to prepare paper books and list this appeal for hearing in due course.
Order Date :- 3.5.2018/Gss
