Allahabad High Court
Hashim & Another vs State Of U.P. on 4 May, 2018
Bench: Shashi Kant Gupta, Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- CRIMINAL APPEAL No. - 2318 of 2017
Appellant :- Hashim & Another
Respondent :- State Of U.P.
Counsel for Appellant :- Ravi Shankar Tripathi,Adya Prasad Tewari,Nazrul Islam Jafri
Counsel for Respondent :- G.A.
Along with
Case :- CRIMINAL APPEAL No. - 2740 of 2017
Appellant :- Aleem
Respondent :- State Of U.P.
Counsel for Appellant :- Shakeel Ahmad Azmi,Nazrul Islam Jafri
Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J.
Hon'ble Bachchoo Lal,J.
Ref :- Cr. Misc. Bail Application No. 150336 of 2017.
Counter affidavit filed by learned A.G.A. in connected Cr. Appeal No. 2740 of 2017 is taken on record.
The bail applications moved on behalf of appellants Hashim, Shameen as well as Aleem in connected criminal appeal are being heard and decided together by a common order.
Heard Sri N.I. Jafari, learned counsel for the appellants and learned Additional Government Advocate for the State and perused the record.
Contention of the learned counsel for the appellants is that the appellants are innocent and have been falsely implicated in this case. There is no likelihood of the appeal being heard in near future. Parity has also been claimed with Smt. Tara and Mohd. Umar who have already been granted bail by this Court vide order dated 18th January, 2018 and 28.3.2018 passed in Criminal Appeal No. 2490 of 2017 (Smt. Tara versus State of U.P.) and Criminal Appeal No. 1917 of 2017 ( Mohd. Umar Vs. State of U.P.) respectively.
Learned A.G.A. has strongly opposed the prayer for bail of the appellants but could not dispute the fact that the case of Smt. Tara as well as Mohd. Umar stands on same footing.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the appellants Hashim, Shameem and Aleem convicted and sentenced in S.S.T. No. 116 of 2016 arising out of case crime no. 272 of 1999, under Section 364-A of the Indian Penal Code, Police Station Gunnaur, District Badaun be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Fifty percent of the fine shall be deposited by the appellants within a period of one month from the date of his release and balance fifty percent of fine shall remain stayed during the pendency of this appeal. In case of default in depositing fifty percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
List for hearing before the appropriate Bench along with connected criminal appeals.
Order Date :- 4.5.2018
Gss
