Court No. - 46 Case :- CRIMINAL APPEAL No. - 3685 of 2010 Petitioner :- Aas Mohammad S/O Shahadat Respondent :- State Of U.P. Petitioner Counsel :- Santosh Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble S.C. Agarwal,J.
Heard learned counsel for the appellant, learned AGA and perused the
impugned judgment and trial court’s record.
It is argued by learned counsel for the appellant that this case is of
circumstantial evidence and the circumstances are not sufficient to link the
appellant with the offence. The only evidence disclosed by Smt. Nazrin
(P.W.-4) wife of the deceased Malwa and Noor Jahan (P.W.-7), daughter of
the deceased to the Investigating Officer after six months from the date of
incident is that the appellant and the deceased had gone together and
thereafter the dead-body was found after two days on 26.2.1999. There is no
other evidence, recovery etc. to link the appellant with the crime.
Learned AGA opposed the prayer for bail and contended that the appellant
wanted to marry with Noor Jahan.
Having considered the submissions made by learned counsel for the parties
and without expressing any opinion on the merits of the case, we find it to be
a fit case for bail.
Let the appellant Aas Mohammad, convicted and sentenced by the Addl.
Sessions Judge, Court No. 5, Ghaziabad in S.T. No. 1182 of 2000 arising out
of Case Crime No. 68 of 1999, under Sections 364, 148, 302, 149 and 201
IPC, P.S. Pilkhua, District Ghaziabad be released on bail on his furnishing a
personal bond with two sureties each in the like amount to the satisfaction of
the Court concerned on depositing 50% amount of fine imposed by the trial
court.
The realisation of remaining 50 % amount of fine shall remain stayed during
the pendency of appeal
Order Date :- 16.7.2010
KU