MOHD. NAEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the learned A.G.A. and perused the impugned judgment and order dated 12.02.2009, rendered by the Additional Sessions Judge/ Fast Track Court No. 2, Ambedkar Nagar in Session Trial No. 164 of 2004.

(2.) LEARNED counsel for the appellant submitted that according to the prosecution story the appellant had a farsa and co -accused Naseem had an axe and remaining other accused had blunt objects. It was next submitted that the appellant was on bail during the trial but he had been in jail for a quite long period as under trial before he was released on bail. It was next submitted that the appellant is presently in jail from 12.02.2009. In this way the appellant has served out three years and six months being a substantial portion of the sentence and the appeal has yet not been heard on merit, therefore, the appellant is languishing in jail without any hearing and if he is not released on bail, the appeal would, in due course, become infructuous as there is no hope of an early hearing of the appeal due to heavy dockets. It was also submitted that the appellant had also sustained injuries but the prosecution failed to explain his injuries, therefore, the prosecution had not come with a clean hand. Moreso, an NCR was also lodged from the side of the appellant.

(3.) KEEPING in view the entire facts and circumstances of the case and submissions of the learned counsel for the appellant and the learned AGA, the appellant Mohd. Naeem is released on bail, during the pendency of the appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.