Court No. - 46 Case :- CRIMINAL APPEAL No. - 1956 of 2009 Petitioner :- Gyasuddin And Another Respondent :- State Of U.P. Petitioner Counsel :- Mohd. Afzal,Mohd. Umar Khan,Rahul Kakran,Rajesh Singh Respondent Counsel :- Govt. Advocate,Mahipal Singh Hon'ble Sheo Kumar Singh,J.
Hon’ble Shyam Shankar Tiwari,J.
Heard Sri Rajesh Singh and Mohd. Umar Khan who appeared to
press bail application moved on behalf of Gayasuddin s/o
Fakruddin and Waqar alias Bhura s/o Bada and learned Additional
Government Advocate for the State.
Applicants above named were prosecuted for the offence
punishable under Sections so mentioned in the judgment and they
are to serve out the sentence so provided.
Submission is that there were four accused. Initially the
prosecution case is that all the four accused inflicted knife and
‘Lathi injury to the deceased but then it is stated that knife blow by
which the deceased received several injuries are by Gayasuddin
and Waqar thereafter used his Lathi.
Although in respect to the role of Waqar alias Bhura by using
Lathi there are variations but there is one injury of blunt object and
knife injury.
Submission is that appellants were on bail during the trial and they
did not misuse the same.
Learned Additional Government Advocate submits that Trial
Judge believed the prosecution version and accepted the
participation of both the appellants and the injuries received by the
deceased by use of both the weapons i.e. knife and Lathi and thus
after conviction then it is not a fit case for bail.
Initially the case was that all the four accused used knife thereafter
in the evidence it has come that Gayasuddin inflicted the knife
injury. Bhura is said to have used Lathi. Trial Judge also convicted
Gayasuddin under Section-302 IPC and Waqar alias Bhura under
Section-302 readwith Section-34 IPC.
The number of injuries which can be said to be fetal on the body of
the deceased has been found of the knife and Waqar alias Bhura is
said to have used Lathi.
Appeal is not so old and thus it will take long time in its disposal,
thus the appellant is entitled to be enlarged on bail.
On the facts and totality of the circumstances this Court of the
considered view that bail application of appellant no.1 Gayasuddin
s/o Fakruddin is to be rejected and same time appellant no.2
Waqar alias Bhura is entitled to be enlarged on bail.
Realization of fine in respect to appellant no.2 Waqar alias Bhura
to the extent of fifty percent shall remain stayed. Balance amount
of fine shall be deposited forthwith. The release order shall be sent
after deposit of fine.
Order Date :- 11.1.2010
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