NAFEES AHMAD NAFEES AHMAD KHAN Vs. STATE OF U P
LAWS(ALL)-2009-5-213
HIGH COURT OF ALLAHABAD
Decided on May 15,2009

NAFEES AHMAD (NAFEES AHMAD KHAN ) Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Alok K. Singh, J. - (1.) HEARD. Admit. Call for the lower court record. List this appeal for hearing on its turn when the record is received. HEARD learned counsel for the appellant and learned A.G.A. on the prayer for bail. The appellant has been convicted and sentenced in Sessions Trial No.27 of 2008 as under- 1.Under Section 307/34 I.P.C.--Seven years' R.I. with a fine of Rs.5000/-. It is submitted that the severity of punishment and nature of accusation is not very much and grave. It is also submitted that the appellant was arrested on 31.03.2007 and since then he is in jail and as such he has already completed more than two years out of the total period of imprisonment of seven years as would be apparent from the discussion made on page 9 and 10 of the judgment. Thereafter he remained in jail during entire trial as would be further apparent from the perusal of page 23 of the judgment. Further it is said that from the date of judgment he continues to be in jail till date. The period of detention has also been verified by learned A.G.A. It is also submitted that the appellant has every hope to get success in the appeal which is likely to take a couple of years or even more in its final disposal. The bail is, however, opposed by learned A.G.A. In view of the aforesaid facts and circumstances considering his period of detention in jail and without entering into merits of the case, I find it to be a fit case for granting bail. Let the appellant [Nafees Ahmad (Nafees Ahmad Khan)] be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned. However, the fine is not stayed. Let the same be deposited within two months from the date of his release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.;


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