Mehboob vs State of Uttarakhand

Prafulla C. Pant, J.—This is an admitted appeal, which is directed against the judgment and order dated 18.09.2012 passed by learned Vth Additional Sessions Judge, Haridwar, in Sessions Trial No. 429 of 1998, whereby said Court has convicted and sentenced accused/appellant Mehboob and other accused under Sections 147, 148 and 302/ 149 of IPC. Heard on bail application No. 1156 of 2012 seeking bail during the pendency of the Appeal.

Learned counsel for the appellant submitted that appellant was not named in the First Information Report. It is a case of circumstantial evidence. It is further submitted that appellant has been implicated only on account of suspicion with the allegation that he was last seen with the deceased.

Having heard learned counsel for the parties and after going through the impugned judgment and order passed by the Trial Court, without expressing any opinion as to the final merits of the case, this Court is of the view that appellant deserves bail.

Accordingly, the Bail Application No. 1156 of 2012 is allowed. Let the appellants Mehboob be released on bail, during pendency of this appeal, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Haridwar. (Urgency Application No. 4755 of 2012 stands disposed of. List the Appeal for final hearing in due course.