Court No. - 43 Case :- CRIMINAL APPEAL No. - 2968 of 2010 Petitioner :- Yameen & Others Respondent :- State Of U.P. Petitioner Counsel :- Govind Saran Hajela Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants and the learned A.G.A.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No. 282/2001 (crime no. 631/1999) for offences
under sections 364/149, 323/149, 148 I.P.C., P.S. Kotwali, District Bijnor and the maximum
sentence awarded to them is 5 years six months RI. The rest of the sentences are lesser
sentences and all the sentences have been ordered to run concurrently.
It is contended by learned counsel for the appellants that from the allegations levelled, the
charge is not proved and in fact the personal dispute has resulted in conviction of the
appellants. He further contended that the appellants were on bail during trial and they have not
misused the liberty of bail and the appeal is not likely to be heard in near future.
Learned AGA however endeavoured to support the judgment and refuted the arguments.
Looking to the above argument and period of detention and the fact that the appeal is not likely
to be heard in near future, I consider it appropriate to release the appellants on bail.
Let the appellants Yameen, Vaziul Qamar, Aneesh, Shamim, Mohd. Naushad and Saleem be
enlarged on bail on their furnishing a personal bond of Rs. 2 lacs with two sureties each in the
like amount to the satisfaction of trial Judge concerned in the above sessions trial for above
offence. As soon as personal and surety bonds are furnished, photocopies of the same are
directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the
record of this appeal.
The appellants are allowed one month time to deposit Rs. 10,000/- of fine awarded to them.
Rest of the amount of fine shall remain stayed during the pendency of this appeal in this court.
Order Date :- 10.5.2010
AKG/-