Court No. - 46 Case :- CRIMINAL APPEAL No. - 7546 of 2009 Petitioner :- Saleem Respondent :- State Of U.P. Petitioner Counsel :- N.K. Singh Respondent Counsel :- Govt. Advocate Hon'ble Sheo Kumar Singh,J.
Hon’ble Shyam Shankar Tiwari,J.
Heard Sri Narendra Kumar Singh, learned Advocate who
appeared to press the bail application of Salim who is
convicted for an offence punishable under Section so
mentioned in the judgment and he is to serve out the
sentence so provided and learned A.G.A.
Submission is that although in the F.I.R. version was given
that Salim and other co-accused Azim fired on the deceased
but in the evidence it has come that fire of Azim hit the
deceased.
Submission is that it is a case of single shot which was
received by the deceased and thus in view of the clear
stand/version given in the evidence the main shooter can be
said to be Azim and thus appellant is entitled to be released
on bail as he did not misuse the liberty which was allowed to
him during trial for so long. Besides the aforesaid
submission is that distance of fire and other things as has
been noted in the judgment can be taken note.
Learned Government side submits that although it has come
in the evidence that fire of Azim hit the deceased but as the
appellant was also there with the fire arm and he fired, the
intention was clear and thus after conviction he is not
entitled for bail.
After hearing argument and on notice of the findings so
given, this is clear that learned trial judge gave a clear
finding/observation based on the submission/evidence that
fire of Azim hit the deceased. This is a case where single
shot was received and thus in view of the specific identity in
respect to the factum of fire, the appellant whose case is
found to be distinguishable with Azim, is to be enlarged on
bail, keeping in mind the fact that for about six years he was
on bail and he did not misuse the liberty.
Let the appellant Saleem son of Nanhey Khan be enlarged
on bail in S.T. No. 102 of 2003 (State Vs. Azim and another)
on his furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned.
Realisation of fine to the extent of 50% shall remain stayed.
Balance amount of fine shall be deposited forthwith. The
release order shall be sent after deposit of the balance
amount of fine.
Order Date :- 7.1.2010
Sachdeva