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YASEEN AND OTHERS versus STATE OF U.P.

High Court of Judicature at Allahabad

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Yaseen And Others v. State Of U.P. - CRIMINAL APPEAL No. - 5223 of 2004 [2007] RD-AH 16777 (23 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble R.C. Deepak, J.

Hon'ble S.K. Jain, J.

The criminal appeal no.5223 of 2004 of accused-appellants Yaseen son of Rafiq, Yasen son of Ali Mohd., Ahsan, Kalua, Babu Khan, Ramveer Singh, Janardan, Subhash, Jaiveer Singh and Kalicharan and criminal appeal no.6207 of 2004 of accused-appellant Devi Saran and criminal appeal no.5241 of 2004 of accused-appellant Ramesh arise out of judgment and order dated 5.10.2004 passed by Smt. Ranjana Pandya, learned Addl. Sessions Judge, Aligarh in Sessions Trial No.1937 of 1994 under Sections 148 & 302/149 IPC pertaining to police station Quarsi, district Aligarh are connected with each other.

The appeals were admitted and the trial court's record was called for and it is listed for the disposal of the prayer for bail of the the above-named accused-appellants.

Heard Sri P.N. Misra, learned senior advocate assisted by Sri Apul Misra, learned counsel for the accused-appellant Subhash, Sri D.K. Srivastava, learned counsel for the accused-appellant Janardan, Sri Anil Kumar Singh, learned counsel for the remaining accused-appellants, learned A.G.A. for the State and perused the record.

It has vehemently been argued by the learned counsel for the accused-appellants that there are contradictions in the medical evidence and eye-witness account. Their further contention is that the accused-appellants were on bail during trial; that they are languishing in jail for the past 3 years and there is no possibility of early hearing of their appeals, therefore, they be released on bail.

We have considered the arguments of the learned counsel for the parties and the evidence on record. The occurrence is said to have taken place on 28.7.1994 at 8:30 a.m. The first information report was made promptly the same day at 10:30 a.m. The distance of the police station being 12 kms. Specific weapon, role and mode & manner of assault have vividly been described therein. Three persons named Ram Singh, Mangal Singh and Veer Pal lost their lives and Smt. Laungshree sustained injuries in the occurrence. The trial court appears to have discussed all the evidence on record, but without making any comment on the trial court's judgment at this stage, we are of the opinion that the above-named accused-appellants have miserably failed to make out a case for their release on bail. Therefore, their prayer for their release on bail is refused at this stage.

Since the above-named accused-appellants are languishing in jail for a considerable period, it appears proper in the interest of justice and equity both that the hearing of their appeals be expedited. Consequently, we expedite the hearing of their appeals.

Office is directed to prepare the typed paper book within a period of six weeks and thereafter the appeals be listed for hearing.

Dt./- 23rd October, 2007.

ss-5223/04


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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