Mukhtiyar vs State of U.P.

Shri Kant Tripathi, J.—Heard the Learned Counsel for the Appellant and the learned A.G.A. for the Respondent and perused the impugned judgment and order dated 27.04.2011 rendered by IInd Additional Sessions Judge, Gautam Budh Nagar in S.T. No. 328 of 2006, State v. Amar and Ors.

Learned Counsel for the Appellant submitted that except PW-1 Smt. Krishna Devi, none of the prosecution witnesses supported the prosecution story. It was next submitted that no recovery had been made from the possession of the Appellant and trial court acquitted the appeallant u/s 412 I.P.C. It was also submitted that dacoity is alleged to have been committed in the house of the complainant by the Appellant and Ors. who are residents of the same village. It is alleged that the dacoits had concealed their faces but during the course of scuffle they were identified. It was also submitted that there was no source of light. The Appellant was on bail during the trial and never abused the same and is presently in jail from 27.04.2011. It was further contended that in case the Appellant is not released on bail, the appeal would, in due course, become infructuous as there is no prospect of the appeal being heard in near future due to heavy dockets.

In my opinion, prima facie, the aforesaid submissions of the Learned Counsel for the Appellant has substance, therefore, it is just and expedient to exercise the discretion in favour of the Appellant.

Keeping in view the entire facts and circumstances of the case and submissions of the Learned Counsel for the Appellant and learned A.G.A., the Appellant Mukhtiyar, is released on bail, during the pendency of the appeal, in all the offences he has been convicted and sentenced in the aforesaid session trial, on his furnishing a personal bond 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 conditions, the bail shall be liable to be cancelled.

The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the Appellant deposits half of the fine within one month.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

Let the paper books be prepared.

List the appeal for hearing in due course.