Court No. - 46
Criminal Misc. Second Bail Application No.167896 of 2007
In
Case :- CRIMINAL APPEAL No. - 2434 of 2006
Petitioner :- Niyamat Ali & Another
Respondent :- State Of U.P.
Petitioner Counsel :- Ramesh Sinha,Amit Misra,G.S.Hajela,Jai Narain,S.A.
Murtuza,S.H. Mujtaba,V.P.Srivastava
Respondent Counsel :- Govt. Advocate,D.N.Wali
Hon'ble Sheo Kumar Singh,J.
Hon’ble Shyam Shankar Tiwari,J.
Heard Sri Viresh Mishra, learned Advocate, who appeared to press the second
bail application moved on behalf of Niyamat Ali and Rahmat Ali, who are
appellants in Criminal Appeal No.2434 of 2006 and the learned Additional
Government Advocate.
Appellants, 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 the applicant are assigned the same role with same kind of
weapon as has been assigned to Ahmad Ali, who is appellant in Criminal
Appeal No.2371 of 2006.
Submission is that earlier the bail application for three appellants was rejected
by one and the same order by this Court and thereafter second bail application
was moved in the case of Ahmad Ali in the criminal appeal noted above and
that was granted by this Court on 11.6.2009 on merits by assigning reasons.
Submission is that as the case of these two appellants and that of Ahmad Ali
is at par and Ahmad Ali has been granted bail on merits, the appellants are
also entitled to get the same relief. Copy of the order dated 11.6.2009 passed
in Criminal Appeal No.2371 of 2006 is before us.
Learned Government side also considered these facts and in respect to the
similarity of the role as submitted by the appellants’ side and he is to agree.
On the facts and totality of the circumstances this Court is also of the view
that the appellants are entitled to be enlarged on bail during the pendency of
the appeal.
Accordingly, both the appellants Niyamat Ali and Rahmat Ali involved in
S.T. No.520 of 1999 be enlarged on bail on their furnishing a personal bond
and two sureties each in the like amount to the satisfaction of the Court
concerned.
Order Date :- 18.1.2010
Ak/