Sattar Khan and three Others vs State of U.P. and others

Raj Mani Chauhan, J.

Heard learned counsel for the appellants, learned A.G.A. on the point of admission of criminal appeal and perused the judgment and order dated 16.12.2009.

At this stage, learned counsel for the appellants is pressing the prayer for bail of appellants No. 2 and 4, namely, Roaz Ali and Roshan Ali. He does not want to press the prayer of bail of accused appellants No. 1 and 3, namely, Sattar Khan and Guddu.

This criminal appeal has been filed by the accused appellants against the judgment and order dated 16.12.2009, passed by the learned Additional Session Judge,/F.T.C No. 2, Lakhimpur Kheri in Sessions Trial No. 242 of 2004 (Case Crime No. 196 of 2002); State Vs Sattar Khan and others, under Sections 147, 148, 307, 323 I.P.C., Police Station Dhaurahra, District Kheri, whereby the learned Additional Sessions Judge has held the accused guilty under Sections 147, 148, 323, 336, 307/149, 504, 506 I.P.C., consequently, he has convicted and sentenced each of the accused to undergo different terms of imprisonment and to pay fine with default stipulation. The maximum sentence awarded by the trial court is of seven years under Section 307/149 I.P.C. Admit.

Summon the lower court record for hearing on the prayer of bail of appellants No. 1 and 3 Sattar Khan and Guddu.

Heard learned counsel for the appellants and learned A.G.A. on the prayer of bail.

The submission of learned counsel for the appellants is that although accused appellant No. 2 Roaz Ali and accused appellant No.4 Roshan Ali have been assigned gun at the time of occurrence, but as per version of the FIR, these accused had not used their gun. Only accused Guddu and Sattar are said to have used gun. Therefore, accused appellants Roaz Ali and Roshan Ali deserve to be released on bail.

Learned A.G.A. opposed the prayer for bail.

Considered the submissions of learned counsel for the appellants and learned A.G.A. Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the appeal, appellants Roaz Ali and Roshan Ali may be released on bail.

Let accusedappellants Roaz Ali and Roshan Ali be released on bail in aforesaid Sessions Trial number during pendency of the appeal on their furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

However, the realization fine is not stayed and the same be deposited by the appellants Roaz Ali and Roshan Ali, if not already deposited, within one month from the date of their release, failing which this order of bail shall stand cancelled.

The prayer of bail of accused appellants No.1 and 3, Sattar Khan and Guddu will be considered at later stage.

List along with Criminal Appeal No. 3077 of 2009 after the trial courts record is received.