Uttarakhand High Court
Mustafa And Others ...Appellants vs State Of Uttarakhand on 4 July, 2022
HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE SRI JUSTICE SHARAD KUMAR SHARMA
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
SECOND BAIL APPLICATION No.4471 of 2022
In
CRIMINAL APPEAL No.16 of 2015
Mustafa and Others ...Appellants
Versus
State of Uttarakhand ...Respondent
Counsel for the Appellant - : Mr. Mohd. Safdar,
Yameen learned counsel.
Counsel for the State : Mr. V.K. Gemini, learned
Deputy Advocate General for
the State.
Counsel for the Victim : Mr. Narendra Singh Bisht,
learned counsel holding brief of
Mr. Rajendra Singh Azad,
learned counsel for the
victim.
Corum: Hon'ble Sharad Kumar Sharma, J.
Hon'ble Alok Kumar Verma, J.
Hon'ble Alok Kumar Verma, J. (Oral)
This is the Second Bail Application on behalf
of the appellant - Yameen. The first bail application was
rejected on 26.07.2017.
2. By the judgment of conviction and sentence
dated 05.11.2014/ 17.11.2014, passed by the Sessions
Judge, Haridwar in Sessions Trial No.166 of 2004, the
appellant - Yameen has been convicted and sentenced
to undergo life imprisonment along with a fine of
Rs.10,000/- for the offence under Section 302 of IPC
read with Section 149 of IPC; he has been convicted
and sentenced to undergo imprisonment for a period of
ten years along with a fine of Rs.5,000/-, for the
offence punishable under Section 307 of IPC read with
Section 149 IPC; he has been convicted for the offence
under Section 324 of IPC read with Section 149 of IPC,
and has been sentenced to undergo imprisonment for a
period of one and a half years along with a fine of
Rs.2,500/-; he has been convicted and sentenced to
undergo imprisonment for a period of two years along
with a fine of Rs.2,500/- for the offence under Section
325 read with Section 149 of IPC; he has been
convicted and sentenced to undergo imprisonment for a
period of one year for the offence under Section 147 of
IPC, and, he has been further convicted and sentenced
to undergo imprisonment for a period of 2 years for the
offence under Section 148 of IPC. All the sentences are
directed to run concurrently.
3. Heard Mr. Mohd. Safdar, learned counsel for
the appellant, Mr. V.K. Jemini, learned Deputy Advocate
General for the State and Mr. Narendra Singh Bisht,
learned counsel holding brief of Mr. Rajendra Singh
Azad, learned counsel for the victim.
4. The learned counsel for the appellant
submitted that the appellant - Yameen has been
implicated in this matter; he is 73 years old; he is a
permanent resident of District Haridwar; during the
trial, he was on bail; he was granted short term bail in
this appeal; the conditions of bail, granted during the
trial, and, the conditions of short term bail, were neither
violated nor misused by him; he has already undergone
more than nine years, and his conduct in the jail is
excellent; therefore the appellant should be granted
bail.
5. Learned counsel appearing for the State and
for the victim opposed the bail application, however,
they fairly conceded that during the trial, the appellant
was on bail, and, he was granted short term bail in this
appeal, and, the conditions of the bail were neither
misused nor violated by him. They further submitted
that it is true that the age of the appellant is about 73
years.
6. Considering the circumstances and the old
age of the appellant, this Court is inclined to grant bail
to the appellant Yameen, aged about 73 years. The
appellant is released on bail provided he submits a
personal bond and two sureties of the same amount to
the satisfaction of the Trial Court. He is directed to
observe the following conditions:-
(i) The appellant shall maintain peace and
tranquillity during the pendency of the appeal;
(ii) The appellant shall not directly or indirectly
make any inducement, threat or promise to any
person, acquainted with the facts of this case;
(iii) The appellant shall not leave India without
prior permission of this Court.
7. This Court is in receipt of the parole
application (IA No.4472 of 2022) filed by the appellant
no.7. Since none represents on his behalf, hence Mr.
Amit Kapri, Advocate, is appointed as an Amicus Curiae,
to assist the Court on the parole application submitted
by the appellant no.7, from jail.
8. Put up this parole application when the Bench
is constituted next.
9. The Registry is directed to supply the Xerox
copy of the parole application submitted from jail to the
Amicus Curiae as well as to the learned counsel for the
victim and the Government Advocate.
____________________
Sharad Kumar Shamra, J.
_________________
Alok Kumar Verma, J.
Dt: 04th July, 2022
NR/
