Shajad Ali vs State of U.P.

Heard learned Counsel for the applicant-Appellant and the learned Additional Government Advocate on this application for bail moved u/s 389 Code of Criminal Procedure along with the instant appeal.

Gone through judgment as well as record of lower court, postmortem report of the deceased, who happens to be the daughter of the Appellant, and statement of PW-1, who happens to be the wife of the Appellant.

Appellant Shajad Ali is convict of Sessions Trial No. 281 of 2007. He has been convicted under Sections 302/34 IPC vide judgment and order dated 08.12.2009 passed by the learned Additional Sessions Judge/Special Judge (E.C. Act), District Gonda and has been sentenced for maximum term of life imprisonment with fine stipulation.

It is a case where the Appellant was charged for committing murder of his own daughter, namely, Rajia aged about seven years in the night between 5/6.5.2007 at about 11:15 p.m. with the aid of scissor; right from the beginning prosecution case is that wife of the applicant, namely, Smt. Muila alias Bhuila also received injuries and she was got hospitalized, but there is no evidence on record to see that Smt. Muila alias Bhila received injuries or at any point of time she was admitted in the hospital.

Argument advanced by the learned Counsel for the Appellant is that there was no occasion on the part of the Appellant to commit murder of his own daughter aged about seven years, rather he had been implicated by his in-laws falsely without showing any motive. In the statement of witnesses even PW-1, wife of the Appellant, has not specifically stated that as to why the Appellant had committed murder of his own daughter. The Appellant is in jail since the date of his arrest and remained in jail during the course of trial. As stated in para-12 of affidavit filed in support of the application, the Appellant on account of paucity of funds and economic problems could not move application for bail and since the date of his arrest i.e. 11.05.2007 he is in jail. Lastly, it was argued that the appeal is of the year 2010 and there is no likelihood of the same being heard and decided in near future.

Taking into consideration overall aspects of the matter, particularly, the incident is of dark-hours and one of the accused, namely, Kulhubeer i.e. brother of the Appellant has been acquitted on the same set of evidence, we find it to be a fit case for bail.

Let Appellant Shajad Ali, convict of aforesaid sessions trial, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate concerned.

Realization of half of the fine is stayed and remaining half of the fine shall be deposited by the Appellant within one month from the date of his release on bail.

Chief Judicial Magistrate concerned is directed to transmit to this Court photocopies of bond and sureties filed by the Appellant to be preserved in the record maintained in this Court.