Allahabad High Court
Raffan And Another vs State Of U.P. on 11 April, 2019
Bench: B. Amit Sthalekar, Anil Kumar-Ix
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- CRIMINAL APPEAL No. - 6672 of 2011
Appellant :- Raffan And Another
Respondent :- State Of U.P.
Counsel for Appellant :- Diwakar Tiwari,Abhas Sharma,B.D. Sharma,Noor Mohammad,Rajesh Kumar Sharma
Counsel for Respondent :- Govt. Advocate
Hon'ble B. Amit Sthalekar,J.
Hon'ble Anil Kumar-IX,J.
Criminal Misc. 2nd Bail Application No. 60537 of 2017 on behalf of Appellant No. 1 Raffan is taken up.
Heard Sri B.D.Sharma assisted by Sri Kavish Suhail and Sri Abhas Sharma, learned counsel for the appellant no. 1 and learned A.G.A. for the State.
First bail application was rejected on 20.2.2014 by another Bench of this Court.
We have perused the impugned judgment and order passed by the trial court convicting the appellant.
Contention of learned counsel for the appellant is that the appellant has no criminal history and he is in jail since 29.10.2011 and the co-accused Shakeel convicted on the same charges has already been granted bail by another Bench of this Court on 28.9.2018. It is next contended that there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail and urged for final hearing of the appeal.
Considering the facts and circumstances of the case and the fact that on the same charges the co-accused Shakeel has already been granted bail on 28.9.2018, prima-facie case for grant of bail is made out.
Let the applicant-appellant no. 1 Raffan son of Kallu convicted and sentenced vide impugned judgment dated 31.10.2011 in S. T. No. 567 of 2007, arising out of Case Crime No. 283 of 2007, U/s 396, 398, 412 I.P.C., P.S. Raya, District Mathura be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The applicant - appellant no. 1 is directed to deposit entire amount of fine within a period of one month from the date of his release from jail. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Criminal Misc. 2nd Bail Application No. 14 of 2019 on behalf of Appellant No. 2 Gaffar is taken up.
Heard Noor Mohammad, learned counsel for the appellant no. 2 and learned A.G.A. for the State.
First bail application was rejected on 20.2.2014 by another Bench of this Court.
We have perused the impugned judgment and order passed by the trial court convicting the appellant.
Contention of learned counsel for the appellant is that the appellant has no criminal history and he is in jail since 29.10.2011 and the co-accused Shakeel convicted on the same charges has already been granted bail by another Bench of this Court on 28.9.2018. It is next contended that there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail and urged for final hearing of the appeal.
Considering the facts and circumstances of the case and the fact that on the same charges the co-accused Shakeel has already been granted bail on 28.9.2018, prima-facie case for grant of bail is made out.
Let the applicant-appellant no. 2 Gaffar son of Suleman convicted and sentenced vide impugned judgment dated 31.10.2011 in S. T. No. 567 of 2007, arising out of Case Crime No. 283 of 2007, U/s 396, 398, 412 I.P.C., P.S. Raya, District Mathura be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The applicant - appellant no. 2 is directed to deposit entire amount of fine within a period of one month from the date of his release from jail. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Order Date :- 11.4.2019
nd
