Court No. 5
Criminal Appeal No.1807 of 2009
Mobeen Ahmad .....Appellant
Vs.
State of U.P. ....Opp. Party
******
Hon'ble Vedpal,J.
Heard.
Admit.
Summon the lower court record and list the appeal for hearing in due
course.
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.185 of 2004, ( Case Crime No.68 of 2003), the appellant Mobeen
Ahmad has been convicted and sentenced for the offence punishable under Sections
304(B) and 498(A) I.P.C. The maximum sentence awarded to him under Section
304(B) I.P.C. is ten years’ rigorous imprisonment along with a fine of Rs.1,000/- and
in default of payment of fine to further undergo three months’ additional
imprisonment.
It has been contended by learned counsel for the appellant that the
appellant has been falsely involved in the case and the learned trial court has not
properly appreciated the evidence available on record. It has also been contended by
learned counsel for the appellant that the evidence available on record is not
sufficient to hold accused guilty for the alleged offence and in fact he was not
responsible for the death of his wife. It was further submitted that under Section 304
(B) I.P.C. on the same evidence co-accused have been awarded imprisonment of
seven years while appellant has been sentenced to undergo imprisonment for a
period of ten years and he has completed seven years of imprisonment and he is in
jail since 04.07.2003 and has every hope of success in appeal and as such appellant
deserves bail.
The bail has been opposed by learned A.G.A.
Considered the respective submissions made by the parties.
It is not disputed that co-accused who have been admitted to bail were
sentenced to undergo imprisonment for a period of seven years under Section 304
(B) I.P.C. while appellant has been sentenced to undergo imprisonment for a period
of ten years for the same offence and he is in Jail since 04.07.2003. Thus he has
under gone substantial period of imprisonment awarded to him.
In view of the above, having regard to the facts and circumstances of the
case, I am of the opinion that the appellant at this stage can be released on bail. Let
the appellant be released on bail during the pendency of appeal on furnishing a
personal bond with two sureties each in the like amount to satisfaction of the court
concerned provided he deposits the fine imposed by the trial Court.
27.1.2010.
Amit.