Judgment · High Court

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

The appellant has been convicted by the Trial Court under Sections 188, 336,147, 148, 323, 152, 153A, 332, 353, 427, 504, 506/149, 435 I.P.C. and Section 3/4 of Prevention of Damages to Public Property Act, 1984 and the maximum sentence awarded to the appellant is four years rigorous imprisonment along with fine.

Learned counsel for the appellant submitted that the trial Court has failed to appreciate evidence in accordance with law and there is no credible evidence against appellant. The allegation that the appellant was part of an unlawful mob which allegedly resorted to firing upon the police party or raised inflammatory slogans is wholly false and baseless. The first information report was lodged against a large number of persons, and only general, vague and omnibus allegations have been levelled without attributing any specific or distinct role to the appellant. Learned counsel, by referring to the statements of prosecution witnesses, submitted that there are material contradictions, inconsistencies and serious infirmities in the prosecution case which go to the root of the matter. It is further submitted that during the course of trial the appellant was on bail and never misused the liberty so granted, and after conviction he has been in judicial custody 2 CRLA No. 679 of 2026 since 20.12.2025. Sentence of similarly placed co-accused Rahis @ Rahisuddin and Shahid Goswala has already been suspended by a Coordinate Bench of this Court. Lastly, it was submitted that due to huge pendency of cases there is no possibility of early hearing in appeal and thus, in view of aforesaid facts, the appellant may be granted bail during pendency of appeal.

Learned A.G.A. has opposed the prayer of suspension of sentence / bail.

Considering the submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for suspension of sentence / grant of bail is made out. Hence, application for suspension of sentence / bail is hereby allowed.

Let the appellant - Bhura @ Vakil @ Shakeel, convicted and sentenced in Session Trial No. 250 of 2011 (State Vs. Bhura @ Vakil @ Shakeel), arising out of Case Crime No. 222 of 2009, under Sections -147, 148, 188, 323/149, 152, 153A, 504, 506, 32, 353, 435, 336, 427 I.P.C. and Section 3/4 of Prevention of Damages to Public Property Act, 1984, Police Station- Brahmpuri, District- Meerut, be released on bail on his furnishing a personal bond with two sureties (one should be of his family member) each in the like amount to the satisfaction of the court concerned.

On acceptance of bail bonds and personal bond, the court concerned shall transmit photostat copies thereof to this Court for being kept on the record. Order on Memo of Appeal

Admit.

2. Summon the lower court record.

3. List in the week commencing 9th March, 2026. January 22, 2026 AS (Tarun Saxena,J.)