Uttarakhand High Court
Mustafa & Others ... vs State Of Uttarakhand on 30 May, 2019
Author: Alok Kumar Verma
Bench: Sudhanshu Dhulia, Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Short Term Bail Application (CRMA No.1353 of 2019)
On behalf of Ayyaz S/o Mustak (male) aged about 54 years) R/o Dera Bhori PS
Jwalapur District Haridwar
In
Criminal Appeal No.16 of 2015
Mustafa & others ..Appellants/Applicants
Versus
State of Uttarakhand .......Respondent
Present:- Mr. Mohd. Allaudin, Advocate for the appellants/applicants.
Mr. V.K. Jemini, Deputy Advocate General for the State.
Mr. Rajendra Singh Azad, Advocate for the complainant.
Coram:- Hon'ble Sudhanshu Dhulia, J.
Hon'ble Alok Kumar Verma, J.
Hon'ble Sudhanshu Dhulia, J.
Applicant/appellant no. 7 (Ayyaz) has been convicted under Sections 302/149, 307/149, 324/149, 325/149, 148 and 147 of IPC and sentenced to undergo life imprisonment under Section 302/149 IPC, imprisonment for a period of ten years under Section 307/149 IPC, imprisonment for a period of one and a half years under Section 324/149 IPC, imprisonment for a period of two years under Section 325/149 IPC, imprisonment for a period of two years under Section 148 IPC and imprisonment for a period of one year under Section 147 IPC, apart from default stipulation.
2. In this matter, a short term bail application has been filed on behalf of applicant/appellant no. 7 Ayyaz on ground that his son, namely, Isthakar has passed away on 14.05.2019 and the widow of his son is performing "Iddat" and there is no adult member in the family except the appellant/applicant to take care of the family.
3. Considering the grounds mentioned in the short term bail application, we feel it appropriate to release the 2 applicant/appellant no.7 on a short term bail for a period of one month.
4. The short term bail application is allowed. The applicant/appellant no. 7 Ayyaz shall be released on a short term bail for a period of one month, subject to the following conditions:-
(a) In case, the applicant has a passport, he shall surrender the same with the court concerned, and if he is not having one, he shall swear an affidavit to this effect before the trial court within a week from the date of his release from jail.
(b) It is further made clear that considering the nature of offence, the applicant shall be released on short term bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned, out of which, one surety shall be of a close blood relative.
5. Subject to the above conditions, the applicant/appellant no. 7 Ayyaz is hereby released on a short term bail for a period of one month from the date of his release. The applicant/appellant shall surrender before the court concerned immediately after the expiry of the period of short term bail.
6. Let a certified copy of this order be given today itself on payment of usual charges.
(Alok Kumar Verma, J.) (Sudhanshu Dhulia, J.) 30.05.2019 Ankit/