Court No. 20
Criminal Appeal No. 2938 of 2009
Mohd Shakeel and Bhauwa Appellant
Vs
State of U.P Opp. Party
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the appellant, learned A.G.A. on the
prayer of bail of accused appellant.
This appeal has been filed by the accused appellant against the
judgment and order dated 24.11.2009 passed by learned Additional
Sessions Judge, F.T.C. (Court No.30) Barabanki in Sessions Trial No. 485
of 2005 (Crime No. 339 of 2001): State Vs Haleem and others, under
Sections 489-Kh, 489-Ga I.P.C., Police Station Fatehpur, District Barabanki
whereby learned Additional Sessions Judge has held the accused appellant
guilty under Section 489 Kh I.P.C. and has convicted and sentenced him to
undergo rigorous imprisonment for ten years and to pay fine of Rs. 15,000/-
with default stipulation under the aforesaid Section.
The submission of learned counsel for the accused appellant is that
as per prosecution case, accused appellant Mohd. Shakeel alias Bhauwa and
co-accused Haleem were arrested by the police and on search, they were
found in possession of fake currency notes. Learned counsel for the
accused appellant submits that the cases against both the accused, namely,
Mohd. Shakeel alias Bhauwa and Halim are the same while the trial court
on the same facts and evidence, convicted and sentenced the accused
Haleem under Section 489 Ga I.P.C for only five years while the present
accused appellant has been held guilty under Section 489 Kh I.P.C. and
convicted and sentenced to undergo rigorous imprisonment for ten years.
The conviction of the accused appellant apparently appears to be illegal.
Learned counsel further submits that in this case independent witness did
not support the prosecution case. Co-accused Haleem has already been
ordered to be released on bail vide order dated 26.03.2010 passed by
another Bench of this Court in Criminal Appeal No. 2930 of 2009. The
accused appellant was on bail during trial and he did not misuse the liberty
of bail. The case of the accused appellant is identical to the case of co-
accused Haleem who has already been ordered to be released on bail.
Therefore, accused appellant also deserve to be released on bail.
Learned A.G.A opposed the prayer for bail.
Considered the submissions of the learned counsel for the appellant
and the learned Additional Government Advocate. Keeping in view the
facts and circumstances of the case as well as the fact that co-accused
Haleem, who was also found in possession of fake currency notes, has
already been ordered to be released on bail, without expressing any opinion
on the merits of the appeal, accused appellant may be released on bail
during pendency of appeal.
Let accused-appellant Mohd Shakeel @ Bhauwa be released on bail
in aforesaid Sessions Trial number during pendency of the appeal on his
furnishing personal bond with two sureties each in the like amount to the
satisfaction of the court concerned.
However, the realization of fine is not stayed and the same be
deposited by the appellant, if not already deposited, within 30 days from the
date of his release, failing which this order of bail shall stand cancelled.
10.08.2010
Renu/-