Allahabad High Court High Court

Faheem vs State on 3 July, 2010

Allahabad High Court
Faheem vs State on 3 July, 2010
Court No. - 43

Case :- JAIL APPEAL No. - 7458 of 2008

Petitioner :- Faheem
Respondent :- State
Petitioner Counsel :- From Jail,Mohd. A. Ansari
Respondent Counsel :- A.G.A.

Hon'ble Ravindra Singh,J.

Heard the learned counsel fort he appellant and the learned A.G.A.
It is contended by the learned counsel for the appellant that the appellant is in
jail since 31.12.2006, it is alleged that the appellant, co-accused Dil Bahar and
Neetu were arrested on the spot, from the possession of the accused Dilbahar
one Churi was recovered and from the possession of the appellant and co-
accused Neetu a country made pistols were recovered, it is alleged that the
shot discharged by the miscreants hit the injured person, injuries were on non
vital part of the body. The co-accused Dilbahar, Shamshad have been released
on bail by another bench of this court on 27.5.2008 in criminal appeal no.
1279 of 2008 after considering the merits of the case. The case of the
appellant is also based on the same footing with the case of the co-accused
Dilbahar, therefore, he may also be released on bail.

Let the appellant Fahim convicted in S.T. No. 271 of 2007,272 of 2007,273 of
2007 and 274 of 2007 under Sections 393,307 I.P.C. P.S. Deoband District
Saharanpur be released on bail on his furnishing a personal bond and two
sureties each to the tune of Rs. 1,00,000/-( One lac) to the satisfaction of the
Court concerned.

The appellant is allowed one month time to deposit half of the amount of fine
awarded by the trial court, rest of the amount of fine shall remain stayed
during the pendency of he appeal, in default of payment of the
aforementioned amount, the appellant shall be taken into custody.

Order Date :- 3.7.2010
N.A.