Allahabad High Court
Gulfam And Another vs State Of U.P. on 7 May, 2022
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 70
Case :- CRIMINAL APPEAL No. - 718 of 2022
Appellant :- Gulfam And Another
Respondent :- State of U.P.
Counsel for Appellant :- Saleem Ahmad
Counsel for Respondent :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the appellants and learned A.G.A. for the State.
Admit.
List in due course.
Order on Criminal Misc. Bail Application under Section 389(1) Cr.P.C.
Heard learned counsel for the appellants/applicants, learned AGA for the State and perused the record.
This application has been filed on behalf of the appellants for suspension of sentence and grant of bail during pendency of this appeal.
By the judgement and order dated 05.10.2021, passed by the trial Court, the appellants have been convicted under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 and sentenced to ten years rigorous imprisonment along with fine of Rs. 25,000/-.
It has been argued by the learned counsel for appellants that there is no credible evidence against the appellants to show that they are gangster. In gang chart, seven cases were shown against the appellant no.1 Gulfam and six cases were shown against appellant no.2 Abid but appellants have been acquitted in all those cases. Learned counsel has referred the statement of PW-1 S.I. Satyaveer Singh, PW-2 S.I. Harendra Kumar, PW-3 Chandarpal Singh and PW-4 Haji Yatin Khan and submitted that there are material contradictions in the statements of witnesses. Referring to evidence and provisions of Gangster Act, it is submitted that there is no material to show that appellants fall within the ambit of Gangster. Further, the sentence awarded by the trial Court is quite excessive. It has also been submitted that the appellant no.1 Gulfam has remained in custody during trial for about two years and appellant no.2 Abid remained in custody during trial for about two years and nine months and after judgment of the trial Court, the appellants are now languishing in jail since 04.10.2021 and that appellant no.1 has already undergone custody of about two years seven months and appellant no.2 has also undergone the custody of about three years.
Learned A.G.A. has opposed the prayer for bail and argued that conviction of appellants is based on evidence.
Considering the submissions of learned counsel for the parties, quantum of sentence awarded to the appellants and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that appellants are entitled to be released on bail. Hence, the bail application is hereby allowed.
Let the appellants Gulfam and Abid convicted and sentenced in Session Case No. 198 of 1998 (State vs. Gulfam & Anr.), Case Crime No. 78 of 1997, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Ratanpuri, District Muzaffar Nagar, be released on bail on their furnishing a personal bond with two sureties (one should be of his family member) each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds and personal bond, the court below shall transmit photostat copies thereof to this Court for being kept on the record.
Realization of 50% of the amount of fine imposed by the trial court shall remain stayed during the pendency of this appeal.
Order Date :- 7.5.2022
A. Tripathi
