Allahabad High Court
Mohammad Saied @ Shaheed And 2 Others vs State Of U.P. on 6 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:81547
Court No. - 85
Case :- CRIMINAL APPEAL No. - 966 of 2022
Appellant :- Mohammad Saied @ Shaheed And 2 Others
Respondent :- State of U.P.
Counsel for Appellant :- Avadh Pratap Singh Shishodia,Naresh Kumar Singh,Omar Zamin,Rajeev Sawhney
Counsel for Respondent :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the material available on record.
2. This criminal appeal has been filed by the applicants to set aside the order dated 07.12.2021 passed by Special Judge, (S.C./S.T. Act) Gautam Buddha Nagar, in Session Trial No. 622 of 2010 (Mohammad Saied & Ors. vs. State of U.P.) arising out of Crime No. 85 of 2010, under Section 323, 452, 34, 308, 304, 307, 504, 506 I.P.C. and Session Trial No. 623 of 2010 (Mohammad Saied vs. State of U.P.) arising out of Case Crime No. 107 of 2010, under Section 4/25 Arms Act, Police Station Rabupura, District Gautam Buddh Nagar.
3. This is the second criminal appeal moved by the appellants-Mohammad Saied @ Shaheed. First appeal was rejected by this Court vide order dated 10.01.2024 as Criminal Appeal No. 966 of 2022.
4. Learned counsel for the convict-appellant submitted that the first appeal was heard on merits and the second criminal appeal be heard on the ground of old age and ailments of the present appellant-convict. It is submitted that at present, appellant-convict is aged about more than seventy years and he is suffering from many old age ailments, and the certificate to that is available on record, which has been issued by the Medial Officer, District Jail, Gautam Buddha Nagar. As per his report, the appellant is suffering from diabetes, Asthama, Hypertension and Molitus and some other diseases.
5. Reliance has been placed upon the judgment of Apex Court in Anil Ari vs. State of West Bengal (2009) 11 SCC 363, wherein considering the age of the accused-appellant as well as the period of incarceration the Hon'ble Apex Court granted bail to the accused-appellant only on the basis of his old age.
6. Per contra, learned State Counsel has opposed the prayer for bail and vehemently submitted that on 10.01.2024 the bail application of the appellant was rejected by this Court after considering the merits of this case but however, he could not dispute this fact that the appellant-convict is more that seventy years of age and he is suffering from certain old age ailments. As per the custody certificate issued by the Superintendent District Jail, Gautam Buddha Nagar, that the appellant is in jail since 07.12.2021.
7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellants is, hereby, set-aside.
8. Let the appellants - Mohammad Saied @ Shaheed involved in Session Trial No. 622 of 2010 arising out of Crime No. 85 of 2010, under Section 323, 452, 34, 308, 304, 307, 504, 506 I.P.C. and Session Trial No. 623 of 2010 arising out of Case Crime No. 107 of 2010, under Section 4/25 Arms Act, Police Station Rabupura, District Gautam Buddha Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The appellants will not tamper with the evidence during the trial.
(ii) The appellants will not pressurize/ intimidate the prosecution witness.
iii) The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The appellants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) The appellants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.5.2024
Ruhi H.
