Court No. - 46 Case :- CRIMINAL APPEAL No. - 4759 of 2009 Petitioner :- Mujammil Respondent :- State Of U.P. Petitioner Counsel :- D.K. Dewan Respondent Counsel :- Govt. Advocate,Rajeev Sisodia Hon'ble Sheo Kumar Singh,J.
Hon’ble Shyam Shankar Tiwari,J.
Heard Sri D.K. Dewan Advocate who appeared to press bail
application moved on behalf of Mujammil s/o Sukkoo @ Nazir
Ahmad in Criminal Appeal No.4759 of 2009 and learned
Additional Government Advocate for the State.
Appellant above named was prosecuted for the offence punishable
under Sections so mentioned in the judgment and he is serve out
the sentence so provided.
Submission is that appellant has been assigned the role of catching
hold which in fact has come in the light of the prosecution version
and keeping in mind the nature/number of injuries might not to
possible. Submission is that actual role was assigned to two other
co-accused namely Nasru @ Nasruddin and Matloob.
It is pointed out that it is a case where two accused persons were
not granted bail during the trial and the present appellant was on
bail during the trial, so far appellant is concerned is entitled to be
enlarged on bail.
Learned Additional Government Advocate to oppose the aforesaid
submits that prosecution has established the role assigned to the
appellant and learned Trial Judge believed the prosecution story
then it is not a fit case for bail.
From the prosecution version and facts it is so recorded, it is clear
that appellants is assigned the role of catching hold and the main
role was assigned two other co-accused as noted above.
Argument that on one person by catching hold of the deceased
such number of injuries might not be possible is to be taken note
and that it is a matter of argument at the hearing stage.
Submission is that appellant was on bail during the trial and he did
not misuse the same and the 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 the appellant is entitled to be enlarged on
bail.
Accordingly, let the appellant Mujammil s/o Sukkoo @ Nazir
Ahmad involved in S.T. No.96 of 2007, be enlarged on bail on his
furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned.
Realization of fine in respect to above appellant to the extent of
third-fourth 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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