Abbas vs State of U.P.

Hon''ble Surendra Singh, J.—Heard learned counsel for the appellant as well as learned counsel for the informant and learned AGA in opposition and also perused the judgment and order of trial court.

The appellant has been convicted in S.T. No. 437 of 2010 under Sections 395, 412 I.P.C. and S.T. No. 440 of 2010 9mder Section 25 of Arms Act and the maximum sentence awarded to him is seven years'' rigorous imprisonment with fine with default stipulation.

It is contended by learned counsel for the appellant that the name of the appellant has figured as a participant in the crime during the course of investigation. It is alleged that 1250 meters of cloth was recovered from his pointing out after two months from the date of incident. It is highly improbable that the appellant would be carrying the booty hither and thither for two months. He has further argued that similarly placed co-accused persons, namely, Moolae alias Moolchand and Shiv Kumar alias Bablu have already been granted bail by another Bench of this Court on 2.11.2011 and 9.11.2011 respectively vide Criminal Appeal Nos. 6210 of 2011 and 6341 of 2011. He has further submitted that the appellant was on bail during the pendency of the trial and did not misuse the liberty of bail during the said period and moreover, this appeal is not likely to be heard in near future.

Learned AGA contends that the appellant has rightly been convicted and sentenced.

I have considered the contentions of the rival sides and have gone through the impugned judgment of conviction.

Admit and connect along with Criminal Appeal Nos. 6210 of 2011 and 6341 of 2011.

Without expressing any opinion on the merits of the matter, I consider it appropriate to release the appellant on bail during the pendency of this appeal in this Court.

Let appellant-Abbas convicted and sentenced in S.T. No. 437 of 2010 under Sections 395, 412 I.P.C. and S.T. No. 440 of 2010 9mder Section 25 of Arms Act be released on bail during the pendency of appeal on his furnishing a personal bond of Rs. 20,000/-and two sureties each in the like amount to the satisfaction of the Court concerned and also subject to the following conditions:

1 The appellant, if so required, shall attend this Court according to the conditions of the bond executed by him;

2 The appellant shall not commit any offence similar to the offence of which he has been convicted.

In case of breach of any of the above condition; the bail shall be liable to be cancelled.

As soon as bail bonds and surety bonds are furnished, photocopy 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.

It is further directed that in case the appellant deposits half of amount of fine in the court concerned, realization of remaining amount of fine shall remain stayed during the pendency of this appeal before this court.