Allahabad High Court
Fariyad vs State Of U.P. on 15 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 7780 of 2018
Appellant :- Fariyad
Respondent :- State Of U.P.
Counsel for Appellant :- Noor Mohammad,Kamlesh Tiwari
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
Heard learned counsel for the accused-appellant and learned A.G.A. for the State on bail application. Perused the record.
By the judgement and order dated 24.11.2018 passed by learned Additional Sessions Judge, FTC-II, Hapur, the accused-appellant has been convicted and sentenced in S.T. No. 97 of 2016, arising out of Case Crime No. 416 of 2015, P.S. Hapur Dehat, District Hapur for the offence under section 307 IPC, for seven years rigorous imprisonment and RS.10,000/- fine, in S.T. No. 99 of 2016, arising out of Case Crime No. 418 of 2015, for the offence under section 25 Arms Act, for three years simple imprisonment and Rs.5,000/- fine, in S.T. No. 101 of 2016, arising out of Case Crime No. 421 of 2015, for the offence under section 3/5/8 Cow Slaughter Act, for seven years rigorous imprisonment and Rs.10,000/- fine and for the offence under section 3/11 Animal Cruelty Act, Rs.50/- as fine only.
Submission of learned counsel for the accused-appellant is that the accused-appellant has been falsely implicated in this case. Further submission is that one of co-accused Aakil has been released on bail by this Court by order dated 8.5.2019 passed in Criminal Appeal No. 7314 of 2018. Further submission is that since this is a case of no injury and co-accused Mehraj has already been released on bail, the present accused-appellant may also be released on bail on the basis of parity. Appellant is in jail since 24.11.2018. He undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court has rightly convicted and sentenced the accused appellant after appreciating evidence on record. However, he has not disputed that co-accused Mehraj has not been released on bail.
Considering the facts and circumstances of the case, nature of accusation against appellant, co-accused Mehraj has been released on bail and also that there is no chance of early hearing of this appeal, without expressing any opinion on merits of the case, I find it to be a case for bail during pendency of appeal.
Let the appellant-Fariyad convicted in S.T. No. 97 of 2016, arising out of Case Crime No. 416 of 2015, under section 307 IPC, in S.T. No. 99 of 2016, arising out of Case Crime No. 418 of 2015, under section 25 Arms Act, in S.T. No. 101 of 2016, arising out of Case Crime No. 421 of 2015, under section 3/5/8 Cow Slaughter Act and under section 3/11 Animal Cruelty Act, Rs.50/- as fine only, P.S. Haput Dehat, District Hapur, be released on bail during pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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.
As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.
List the appeal for hearing in due course.
Order Date :- 15.5.2019
RCT/-
