Shafiqu and Another vs State of U.P.

Heard learned Counsel for the Appellants and learned Additional Government Advocate on the application moved u/s 389 Code of Criminal Procedure for the purpose of bail in pending appeals.

These two appeals have been preferred by Appellants Shafiqu, Santosh Kumar Aabid Ali and Jhumak Lal after having been convicted in Sessions Trial No. 532 of 2004, under Sections 396 and 411 I.P.C. Police Station-Raniganj, Distt. Pratapgarh, vide judgment and order dated 22.04.2010 passed by learned Additional Sessions Judge F.T.C, Court Room No. 7, Pratapgarh and sentenced to the maximum term of life imprisonment with fine stipulation thereof.

We have gone through the judgment of the court below.

The incident is said to have taken place at 01:15 A.M on 19/20.07.2004 on which date, the accused persons came to the house of the informant and started firing upon Sanjay Kumar son of the informant, who received gunshot injuries. Sanjay Kumar was admitted in the hospital where he succumbed to the injuries. The accused persons also looted the house of the complainant. Argument advanced by the learned Counsel for the Appellants is that no role has been assigned to Shafiqu and the role assigned to Santosh Kumar is of using Danda but the deceased did not receive any injury caused by Danda, rather the deceased received fire arm injuries. The main role of firing is attributed to accused Aabid Ali and Jhumak Lal.

It has also been argued that it is a case of no recovery from the Appellants and since long standing enmity was going on between the Appellant Santosh Kumar and the complainant the Appellants have been falsely implicated in this case.

It has further been submitted that the Appellants Shafiqu and Santosh Kumar were on bail during the course of trial and they did not misuse the liberty of bail granted to them.

Taking into consideration the overall aspects of the matter and without commenting any further on the merits of the case we find it a fit case for bail. Let Appellants Shafiqu and Santosh Kumar, convicts of aforesaid Sessions Trial be released on bail on their furnishing personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate concerned..

Realization of half of the fine imposed on Appellants Shafiqu and Santosh Kumar is stayed and remaining half of the fine shall be deposited by them within one month from the date of their release on bail. So far the prayer for bail of Aabid Ali and Jhumak Lal is concerned since the main role of firing has been assigned to Aabid Ali and Jhumak Lal, their prayer for bail is hereby rejected.

Court below is directed to transmit to this Court photocopies of bond and sureties filed by Appellants Shafiqu and Santosh to be preserved on the record maintained in this Court.