- (1.) HEARD the learned counsel for the appellants, learned A.G.A. for the State of U.P. and Smt. Sarita Shukla, learned counsel for the complainant.
(2.) THE appellant Rais Uddin has preferred criminal appeal no. 2650 of 2013, appellant Shahjad and Sarfaraz son of Sharif have preferred criminal appeal no. 2974 of 2013, the appellant Sarfaraz son of Shah Nawaz has preferred criminal appeal no. 3119 of 2013 and the appellant Irfan has preferred criminal appeal no. 5073 of 2013 against the judgement and order dated 15.5.2013 passed by the learned Additional Sessions Judge, Court No. 1 Ghaziabad in S.T. No. 481 of 2010 connected with S.T. No. 1614 of 2009, S.T. No. 1615 of 2009, S.T. No. 1616 of 2009, S.T. No. 1617 of 2009, S.T. No.1618 of 2009, S.T. No. 505 of 2010 and S.T. No. 1187 of 2010. All the above mentioned appellants have moved their respective bail applications with a prayer that they may be released on bail during the pendency of their appeal. All the bail applications pending are arising out the same judgement and order dated 15.5.2013 passed by the learned Additional Sessions Judge, Court no. 1 Ghaziabad, therefore, all the bail applications are being disposed of by the following common order.
(3.) AGAINST the impugned judgement and order dated 15.5.2013 the appellant Gaurav Verma, has preferred criminal appeal no. 2257 of 2013 and the appellant Shariq has preferred criminal appeal no. 2347 of 2013, the same have also been connected with the above mentioned criminal appeal nos. 2650 of 2013, 2974 of 2013,3119 of 2013 and 5073 of 2013 but the bail applications moved on behalf of the appellants Gaurav Verma and Shariq have been allowed by another bench of this court. From the perusal of the lower court record, the impugned judgement and order dated 15.5.2013, submissions made by the learned counsel for the appellants, learned A.G.A. for the State of U.P. and the learned counsel for the complainant, it reveals that in the present case FIR has been lodged by Sri Naresh Kumar Dadu, P.W. 1, on 11.7.2009 at 5.00 p.m. in respect of the incident allegedly occurred on 11.5.2009 during the period 3.00 p.m. to 3.30 p.m. alleging therein that he got a telephonic information through Shaloo, daughter of Braj Pal Singh, in respect of the dacoity committed at the house of Sarvesh Dadu, on the day of the incident Sarvesh Dadu and his son Rakesh had gone Karnal, at their house, the mother of Sarvesh Dadu, Smt. Urmila, daughter in law Smt. Shaloo and two minor children were present. At the house of Sarvesh Dadu for the last three days two carpenters were doing their work of carpentry, the information was received by the first informant at about 4.00 p.m. and on that information, first informant came to the house of Sarvesh Dadu where many persons were gathered, Smt. Kalawati, Smt. Urmila and Smt. Shaloo had gone to Nursing Home, the first informant also came to the Nursing Home where he came to know that Smt. Urmila had died and Smt. Kalawati in a serious condition was admitted in I.C.U. but the locks of almirah were found broken and both the carpenters were not present at the house. It was mentioned in the FIR that the list of the looted articles shall be supplied by Sarvesh Dadu. Thereafter, the blood stained clothes of the deceased, Smt. Urmila and the knife used in the commission of the alleged offence were sent to Public Analyst, its report dated 14.2.2013 was received by the I.O. A list of the looted articles was supplied by Sarvesh Dadu to the I.O., on 8.7.2009 Sub -Inspector Mahesh Singh Yadav, got an information through Mukhbirkhas at about 7.40 p.m. in respect of the miscreants who had committed the above mentioned offence, the police party came near the temple of Gyatri Shakti Peeth and gave challenge to miscreants to surrender before the police, on that miscreants exhorted Raisbhai and Sarfaraz to cause gun shot injury, thereafter, all the miscreants fired at the police party but luckily, nobody sustained any injury and arrested all the five miscreants, namely, Rais Uddin, Sarfaraz son of Shah Nawaz, Sarfaraz son of Sharif, Shahjad and Wasim and from their possession firearm and looted articles were recovered, at about 8.00 p.m. on 8.7.2009, its FIR was lodged at the police station Modi Nagar by the S.I. Mahesh Singh Yadav, on 8.7.2009 at 11.45 p.m. From the possession of the appellants Rais Uddin one country made pistol of 315 bore having empty cartridge in its barrel and four live cartridges, one gold chain on which S.K. was engraved, one gold chain was recovered and on his pointing out one blood stained knife was also recovered. From the possession of the appellant Shahjad one knife and a Sonata wrist watch and a chain of gold was recovered. From the possession of the appellant Sarfaraz son of Sharif, one knife, one Sonata wrist watch, a chain of gold, were recovered and from the possession of the appellant Sarfaraz son of Shah Nawaz one country made pistol of 315 bore having empty cartridge in its barrel, three live cartridges and one Nokia mobile phone was recovered and from the possession of the accused Wasim one knife and one Titen wrist watch was recovered. All the above mentioned five miscreants confessed before the police. The appellant Sarfaraz son of Shah Nawaz confessed that after selling the looted articles, he opened a shop of mobile phone. The appellant Sarfaraz son of Sharif stated that after selling the looted articles he purchased a scooty, at his pointing out its recovery was made.;