High Court
Case Details
Court No. - 82 Case :- CRIMINAL APPEAL No. - 6523 of 2024 Appellant :- Abdul Malik Respondent :- State of U.P. Counsel for Appellant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Respondent :- G.A. with Case :- CRIMINAL APPEAL No. - 6647 of 2024
Legal Reasoning
Appellant :- Mujeeb Respondent :- State of U.P. Counsel for Appellant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. Order on appeal 1. Heard and perused the record. 2. Trial court record has been received. Office to prepare the paper book. 3. List this appeal in due course before the appropriate Bench for final hearing. Order on Criminal Misc. Bail Application / Suspension of Sentence Application 1. Since these appeals / bail applications have arisen out of the same case crime number, they have been heard together and are being decided by this common order. 2. These Criminal appeals under Section 374 (2) of the Criminal Procedure Code have been preferred by the appellants Abdul Malik and Mujeeb against the conviction and sentence recorded vide judgment and order dated 19.6.2024 passed by the Sessions Judge, Hapur in Session Trial No. 293 of 2018, arising out of case crime no. 110 of 2018, under Sections 308/34, 324/34, 323/34, 506, 504, 427 IPC, P.S. Bahadurgarh, District Hapur. 3. Heard learned Senior Counsel appearing for the appellants- applicants as well as the learned AGA for the State. 4. By means of the bail application, the appellants-applicants seek suspension of sentence and grant of bail. 5. On 18.6.2018 at about 5.30 p.m. accused Bhura alongwith other co-accused persons carrying lathi danda and other sharp edged weapon with them came to the house of the informant and hurled abuses and at the same time an assault was made with intention to kill Nasim, Imran and Haroon, who received serious injuries. Accused persons also damaged a motorcycle. Prior to the said incident, accused Bhura hurled abuses to the brother of the informant and same was strictly protested by him. All the injured persons were medically examined. F.I.R. was lodged and after initiation of prosecution, present appellants alongwith other co- accused persons were convicted and sentenced under Sections 308/34, 324/34, 323/34, 506, 504, 427 IPC. 6. It has been submitted by learned counsel for the appellants- applicants that the appellants are innocent and have been falsely implicated. It has been further submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellants. The prosecution has not been able to prove its case beyond reasonable doubt. It has been further submitted that the appellants were on bail during trial and have not misused the liberty of bail. It is further submitted that only a general role of assault has been assigned to all the accused appellants. It is also submitted that even the injured witnesses of this case do not assign any specific role of assault to the present appellants. It is further submitted that it is also not clear from the prosecution evidence as to what weapon was assigned to the present appellants. Medical evidence does not corroborate the prosecution version. Though the medical experts produced as prosecution witnesses by the prosecution have proved the injury reports of all the injured persons and deposed that the injured persons had received a number of injuries out of which some were referred for x-ray and C.T. Scan and supplementary report was also proved in evidence but at the same time no x-ray and C.T. Scan plates have been produced before the Court and the doctor, who medically examined the injured persons, has admitted this fact that x-ray and C.T. Scan plates were not available before him at the time of evidence. It is further submitted that though charge under Section 307/34 IPC was framed against the accused appellants but the prosecution miserably failed to prove its case for the offence under Section 307/34 IPC. Appellants have no criminal history to their credit. They are in jail since 19.6.2024. Since there is no likelihood of early hearing of the appeal in near future, the appellants may be released on bail pending appeal. Besides the above submissions, learned counsel for the appellants has also tried to touch upon at length the circumstances which led to the false implication of accused - appellants. It is lastly submitted that maximum sentence of five years rigorous imprisonment has been awarded to the appellants in this case. 7. On the other hand, learned AGA vehemently opposed the bail application but however he could not dispute this factual aspect of the matter that general role has been assigned to all the accused persons and no specific role has been assigned to any of them to inflict the injuries to the injured persons. 8. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record including the impugned judgment. 9. Having regard to the facts and circumstances of the case, sentence awarded to the appellants, the evidence available on record and the findings recorded by the trial court thereon, appellants were on bail during trial but no instance of misuse of the bail has been brought to the notice of the Court, the fact that only general role has been assigned to all the appellants, x-ray and C.T. Scan plates were not available before the Court and the appellants have no criminal history to their credit and the fact that the appeal may take some time for its final disposal, without further commenting on the merits of the case, I am inclined to release the appellants on bail. 10. Let the above named accused-appellants Abdul Malik and Mujeeb be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned. 11. On acceptance of bail bond and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record. 12. However, the fine amount, as imposed by the trial Court, shall be deposited by the appellants within a period of one month from the date of their release. Order Date :- 6.11.2024 / safi