Azad and Another vs State of U.P.

Criminal Misc. Application No. 24076 of 2010.

This application u/s 389 Cr.P.C. has been moved by applicant-appellant Azad for bail in pending appeal.

Heard learned Counsel for the applicant-appellant and the learned Additional Government Advocate.

The instant criminal appeal has been preferred by appellants Azad and Navi Shad alias Guddoo against judgment and order dated 17.02.2010 passed by the Additional Sessions Judge, Court No. 3, Unnao in Sessions Trial No. 377 of 2007 whereby they have been convicted under Sections 302/34 and 307/34 IPC and have been sentenced for maximum term of life imprisonment with fine stipulation.

We have gone through the judgment and record of lower court.

It is a case where appellant Azad along with three others came at the shop one Kamlesh and started indiscriminate firing on Pawan Singh, who received two entry wounds and one exit wound on front-side, fell down and while being taken to the hospital he died. Maiko Khan, who has been examined as PW-4, has received gun-powder injuries as stated by him in his examination before the Court. Trial of two accused persons, namely, Atique and Mukarram, had been separated since they were juvenile.

Although the appeal was filed by the two appellants, but this application for bail has been moved only on behalf of appellant-Azad. Role of firing has been assigned to both the appellants, namely, Azad and Navi Shad alias Guddoo, and firearm injuries had been received by the deceased and PW-4, who has supported the prosecution case.

Not a fit case for releasing appellant-Azad on bail.

Accordingly, his prayer for bail is refused at this stage.