REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. __838__ OF 2009

ARISING OUT OF

SPECIAL LEAVE PETITION (CRL.) NO. 3572 OF 2008

Masroor

…

Appellant

Versus

State of U.P. & Anr.

…

Respondents

J U D G M E N T

D.K. JAIN, J.

Leave granted.

2.

Challenge in this appeal by the complainant is to the order

dated 10^th March, 2008 passed by a Single Judge of the High

Court of Judicature at Allahabad in Criminal Miscellaneous

Bail Application No. 4167 of 2008, granting bail to the second

respondent, Chhunnu @ Chhidda. The said respondent was

one of the persons named in FIR No.181 of 2007, registered

at Police Station Asmouli, District Moradabad against 22

persons. The FIR was initially registered for offences under

Sections 147, 148, 149 and 307 of the Indian Penal Code

(“IPC” for short), but subsequently, on the death of two

injured persons, Section 302, IPC was also added. The first

respondent is the State of U.P.

3.

Briefly stated, the background facts giving rise to the present

appeal are as follows:

On 18^th September, 2007, at about 5.25 p.m., an FIR was

lodged by the appellant with the said police station for an incident

which took place at about 3.30 p.m. at village Asmouli. The case

was registered as Crime Case No. 347 of 2007. It was reported

that at about 3.30 p.m., on that day the appellant had gone to the

shop of one Anzar s/o Mehboob where one Basiruddin @ Lala

also came to buy some fruits. On Anzar’s (shopkeeper) refusal to

sell goods to him on credit, Basiruddin started beating him, on

which the appellant intervened. Being annoyed, Basiruddin left the

place. But, after a short while he came back, accompanied by 21

other persons, including the second respondent. All of them were

armed with guns and country made firearms. Due to fear, the

appellant rushed to the house of his brother Qayyum. All the said

22 persons attacked the house of Qayyum. On hearing noise, the

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residents of the house and many other residents of the village,

collected at the spot. The said accused started firing

indiscriminately, injuring 9 persons. Some of them sustained

multiple injuries. All the injured persons were removed to the

District hospital for examination. As per the medical reports, the

injured persons sustained gunshot injuries which were grievous in

nature. Two persons, namely, Anzar Hussain s/o Mazhar Hussain

and Rizwan @ Bhoora s/o Matloob Hussain, later succumbed to

their injuries. While Rizwan died on 19^th September, 2007, Anzar

Hussain died on 30^th September, 2007.

4.

On the very same day viz. 18^th September, 2007, another

FIR (No.182 of 2007), pertaining to the same incident, was

lodged at about 6.40 p.m. by the said Basiruddin @ Lala

against 25 persons, inter alia, alleging that when he went to

the shop of Anzar s/o Mehboob to buy some vegetables, he

told Anzar that his vegetables were very expensive, on which

Anzar and one Shahroz, who was standing there, started

abusing him. When Basiruddin protested, they started

beating him with legs and fists. Basiruddin then came back

home but after some time, many people, including Shahroz,

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Anzar (since deceased) and Qayyum, came to his house and

started firing with an intention to kill him.

5.

The persons named in the first FIR were arrested on different

dates. Upon recording the statements of some eye-

witnesses, including the injured witnesses, charge-sheet was

filed against all the 22 accused persons named in Crime

Case No.347/2007, including the second respondent, on 19^th

November, 2007.

6.

The second respondent moved an application before

Additional Sessions Judge/Fast Track Court, Moradabad for

grant of bail. Keeping in view the fact that two persons had

died and few others had sustained multiple injuries, by an

order dated 18^th January, 2008, the Addl. Sessions Judge

rejected the bail application. On 20^th February,