QAZMAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an application for bail by two accused, who have been convicted by Sessions Judge, Moradabad under Sections 302, 149, 307, 449, 148 and 506 (Part II) I.P.C and they have been sentenced variously. This bail application is opposed by Sri M.D. Misra, learned counsel for the complainant. The complainant filed counter affidavit before the Court. Learned counsel for the appellants has staled that he has not to file rejoinder affidavit to the counter affidavit filed today against the bail application. Heard learned counsel for the appellants as well as the learned counsel for the complainant and learned A.G.A.

(2.) LEARNED counsel for the appellants has argued that both the appellants were on bail and during the trial they did not misuse the bail. It is a fact that he and co -accused were on bail during the trial. Learned counsel for the appellants stated that both the co -accused have not been assigned any role during commission of the offences. The role of the offence has been assigned to another co -accused, who have already been convicted. Learned counsel for the appellants has stated as the appellants were on bail during trial therefore they should be granted bail in this case.