Munna Alias Munh Faila vs State Of U.P.
2019 Latest Caselaw 2693 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL APPEAL No. - 2771 of 2018
 

 
Appellant :- Munna Alias Munh Faila
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Mohit Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the appellant and learned A.G.A. for the State on bail application. Perused the record.

By judgment and order dated 24.3.2018 passed by learned Additional Sessions Judge, Court no. 13, District Moradabad, the accused-appellant has been convicted and sentenced for the offence under Sections 307/149, 436, 336, 332, 364, 353, 506 IPC and 7 Criminal Law Amendment Act and maximum punishment has been awarded for the offence under Section 307/149 IPC for ten years rigorous imprisonment and fine of Rs.10,000/- in S.T. No. 1350 of 2008 (State Vs. Munna alias Munh Faila, arising out of Case Crime No. 907 of 2007, under Sections 147, 148, 307/149, 395, 436, 426, 336, 333, 364, 353, 504, 506 IPC, P.S. Sambhal, District Sambhal.

It has been submitted by the learned counsel for the appellant that none of the injuries were capable of causing death to any person and there is only one injury caused to Om Sharma, P.W.1-SI is by a sharp weapon. The remaining injuries have been caused by a blunt weapon. All the injuries have been shown to be simple in nature. It has also been submitted that injured persons were surrounded by a mob in which injuries were sustained by them. The accused-appellant who was on bail during trial, is languishing in jail since 24.3.2018.

Learned A.G.A. has vehemently opposed the prayer of bail.

Considering the facts and circumstances of the case, I find sufficient ground for bail of the accused-appellant during pendency of appeal.

Let the appellant-Munna alias Munh Faila convicted in S.T. No. 1350 of 2008, arising out of Case Crime No. 907 of 2007 under Sections 147, 148, 307/149, 395/149, 436, 336, 333, 364, 353, 224/120-B, 504, 506 IPC and 7 Criminal Law Amendment Act, P.S. Sambhal, District Sambhal, be released on bail during pendency of appeal on his furnishing two sureties of one lakh with equal amount of personal bond to the satisfaction of the learned trial court.

Learned trial court is further directed to submit relevant papers to the court in original keeping photostat copies thereof for record.

So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.

List the appeal for hearing in due course.

Order Date :- 9.4.2019

RCT/-