Court No. - 7
Case :- CRIMINAL APPEAL No. - 2424 of 2009
Petitioner :- Mohd. Umar
Respondent :- State Of U.P.
Petitioner Counsel :- R.K. Saini
Respondent Counsel :- Govt. Advocate
Hon'ble Vedpal,J.
Heard learned counsel for the appellant as well as learned A.G.A. on the prayer for bail pending
appeal and also perused the record of the case.
In S.T.No.255 of 2008 (Crime No.449 of 2008), Mohammad Umar has been convicted under
Section 3/25 Arms Act and sentenced to three years’ simple imprisonment alongwith a fine of
Rs.1000/- and in default of payment of fine, to further undergo one month’s imprisonment.
It is contended by the learned counsel for the appellant contended that the appellant has been
falsely involved in the case and the evidence adduced by the prosecution is not reliable. That
there is no public witness of the alleged recovery and the appellant was arrested on the
allegation of firing on police personnel with no injury and there is every hope of success in
appeal, as such the appellant deserves to be released on bail.
Bail has been opposed by learned A.G.A.
I have considered the respective submissions made by the parties and perused the impugned
judgment and order passed by the trial court alongwith the record of the appeal.
Having regard to the facts and circumstances of the case, I am of the view that it is a fit case for
bail and suspension of sentence of imprisonment. Let appellant be released on bail on furnishing
a personal bond with two reliable sureties each in the like amount to the satisfaction of the
C.J.M./court concerned provided he deposits the amount of fine imposed upon him by the trial
court.
The sentence of imprisonment awarded to the appellant, shall remain suspended during the
period appellant remains on bail.
Order Date :- 7.1.2010
Tripathi