Jahid And 3 Ors. vs State Of U.P.
2019 Latest Caselaw 5889 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 67
 
Case :- CRIMINAL APPEAL No. - 4049 of 2019
 
Appellant :- Jahid And 3 Ors.
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Meraj Ahmad Khan,Sr. Advocate,Vikash Bhatnagar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Order on Criminal Misc. Bail Application No. 1 of 2019

Counter affidavit filed by learned AGA, is taken on record.

Heard learned counsel for the appellants, learned AGA and perused the record.

By means of the present appeal the appellants are assailing the validity and veracity of the judgment and order dated 02.05.2019 passed by learned Additional Sessions Judge, Court no. 6, Moradabad in Session Trial No. 140 of 2014, Case Crime No. 501/2013, u/s 323, 324, 325, 308, 504 IPC, P.S. Bahjoi, District Sambhal by which the appellants were convicted and sentenced u/s 323/34 IPC for 1 year imprisonment each, u/s 324/34 IPC for 2 years imprisonment each, u/s 325/34 IPC 3 years rigorous imprisonment along with the fine of Rs. 3000/- each and in default of payment of fine further undergo 3 months additional imprisonment each, u/s 308/34 IPC for 3 years rigorous imprisonment along with the fine of Rs. 3000/- each and in default of payment 3 months additional imprisonment each, u/s 504 IPC 1 year imprisonment each, all the conviction run concurrently.

Submission made by the counsel for the appellants that the appellants are innocent and they have been falsely implicated in the present case. It is further submitted that after passing the judgment and order of sentence, learned trial judge in his own wisdom on 02.05.2019, has enlarged the appellants on interim bail.

Per contra learned AGA opposed the prayer for bail and submitted that there is sufficient evidence against the appellants so they should not be entitled to be enlarged on bail.

After having heard the submissions made by learned counsel for the parties and keeping in view the gravity of offence and sentence awarded and more particularly appellants on interim bail by the Sessions Judge himself, I find that the appellants are entitled to be enlarged on bail.

Let the the appellants Jahid, Wahid, Haroon and Farooq, be released on bail in S.T. No. 140 of 2014, Case Crime No. 501/2013, u/s 323, 324, 325, 308, 504 IPC, P.S. Bahjoi, District Sambhal during the pendency of the appeal, on her each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

It is given to understand that the fine amount has already been deposited and therefore, there is no order to deposit the fine.

On acceptance of bail bonds, the lower court record shall transmit photostat copies thereof to this Court for being kept on record of this appeal.

List this appeal for hearing in due course.

Order Date :- 9.7.2019

Nisha