Allahabad High Court
Noor /Noor Mohammad vs State Of U.P. on 28 June, 2021
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CRIMINAL APPEAL No. - 1547 of 2021
Appellant :- Noor /Noor Mohammad
Respondent :- State of U.P.
Counsel for Appellant :- Yogendra Pal Singh
Counsel for Respondent :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
In Re- Criminal Appeal
Admit.
Issue notice.
Summon the lower court record.
List in due course.
In Re: Criminal Misc. Bail Application No. 1 of 2021
Heard Sri Yogendra Pal Singh, learned counsel for the applicant-appellant and learned A.G.A. for the State.
The instant criminal appeal has been filed by the applicant-appellant against judgment and order dated 16.03.2021 passed by the Additional Sessions Judge/ Special Judge, Prevention of Corruption Act, Meerut in Sessions Trial No. 100/2013 (State vs. Ashraf and others), under Sections 307, 504 I.P.C. arising out of Case Crime No. 149 of 2012, Police Station- Sardhana, District- Meerut. The applicant-appellant has been convicted for the offence under Section 307/34 IPC and sentenced to undergo 5 years imprisonment and fine of Rs.5000/- in default of payment of fine, 5 months further imprisonment and for the offence under Section 504 I.P.C., 1 year imprisonment and fine of Rs. 1,000/-, in default of payment of fine one month further imprisonment. The applicant-appellant has prayed for his release on bail during the pendency of this criminal appeal before this Court.
It is contended by learned counsel for the applicant-appellant that Ashraf, who has been assigned the role of firing has already been enlarged on bail by this Court in Criminal Appeal No. 1566 of 2021 on 25.06.2021, as well as Ahsan, the other co-accused was granted bail by this Court on 25.06.2021 in Criminal Appeal No. 1565 of 2021. It is further contended that the role assigned to the applicant-appellant was only of exhortation and the prosecution had failed to prove the case against the applicant-appellant. It is further submitted that the applicant-appellant was on bail during the pendency of the trial and there is no instance of misuse of liberty of bail, therefore, the applicant- appellant is entitled to be enlarged on bail during the pendency of the appeal. Lastly, it is submitted that due to huge pendency of criminal appeals before this Court, there is no chance for early disposal of the appeal and applicant-appellant is ready to co-operate with the hearing of appeal.
Learned A.G.A. has strongly opposed the case for grant of bail though could not deny the fact that Ashraf and Ahsan, the other co-accused had already been enlarged on bail by this Court on 25.06.2021.
Considering the submissions made by learned counsel for the applicant-appellant and without expressing any opinion on the merits of the case, this Court is of the view that the applicant-appellant is entitled to be enlarged on bail during the pendency of the appeal.
Let the applicant-appellant Noor /Noor Mohammad be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to deposit half amount of fine imposed on him and undertaking that applicant/appellant will co-operate with the hearing of the appeal.
On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
It is directed that half of the fine as imposed upon applicant-appellant by the trial court, shall be deposited by him within a month from the date of his release. In the event of failure to deposit the fine amount as directed above, the appellant/applicant shall be taken into custody and sent to jail.
Accordingly, this bail application stands allowed.
Order Date :- 28.6.2021/ V.S.Singh
