Mohammad Saleem and Others vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellants and learned A.G.A. for the State.

Admit.

Summon the lower court record.

A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 16.3.2011, passed by Additional Sessions Judge, Court No. 2, Muzaffar Nagar, in Session Trial No. 1042 of 2009, State v. Surendra Kumar and Ors., arising out of case crime No. 367 of 2009, under Sections 332, 353 IPC, P.S. Civil Lines, District Muzaffar Nagar, convicting and sentencing the Appellants to undergo for one year and six months rigorous imprisonment u/s 332 IPC and one year rigorous imprisonment u/s 353 IPC.

It is contended by the learned Counsel for the Appellants that initially four persons were prosecuted for an offence under Sections 147, 353/149, 332/149, 506 IPC, read with Section 3(1)(x) S.C./S.T. Act and Section 7 Criminal Law Act, but the Appellants have been convicted only for the offence under Sections 332, 353 IPC.

It is further contended that there is inconsistency in the prosecution case with the statement of the witnesses, as one witness Shravan Kumar has turned hostile. One co-accused Surendra has already been exonerated from the aforesaid charges. There is no likelihood of early hearing of the appeal in near future. During the trial the Appellants were on bail and now they are on interim bail after their conviction since 16.3.2011.

Per contra the learned AGA opposed the prayer of bail of the Appellants and supported the judgment of the trial court.

Having considered the submissions made by the learned Counsel for the Appellants as well as the learned AGA and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the prayer for bail of the Appellants is allowed.

Let the Appellants, Mohammad Saleem, Ahmad Ali and Tasleem, convicted and sentenced in Session Trial No. 1042 of 2009, State v. Surendra Kumar and Ors., arising out of case crime No. 367 of 2009, under Sections 332, 353 IPC, P.S. Civil Lines, District Muzaffar Nagar, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.