Mohammad Saleem vs State Of U.P.
2014 Latest Caselaw 8819 ALL

Citation : 2014 Latest Caselaw 8819 ALL
Judgement Date : 19 November, 2014

Allahabad High Court

Mohammad Saleem vs State Of U.P. on 19 November, 2014

Bench: Akhtar Husain Khan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- CRIMINAL APPEAL No. - 4351 of 2014
 

 
Appellant :- Mohammad Saleem
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Jitendra Kumar Yadav
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Akhtar Husain Khan,J.

Learned A.G.A. has accepted notice on behalf of State of U.P.

Admit and register criminal appeal.

Summon the records of trial court.

Heard learned counsel for the accused appellant as well as learned A.G.A.on bail application.

Accused appellant has been convicted for offence punishable under section 8/20 N.D.P.S. Act and has been sentenced thereunder with rigorous imprisonment of three years and fine of Rs.25,000/- vide judgment and order dated 31.10.2014 passed by learned Additional Session Judge, Court No.5, Pilibhit in Special Case No.04 of 2013 (State Vs. Mohammad Saleem) Case Crime No.442 of 2012, under section 8/20 N.D.P.S. Act, Police Station Bisalpur, District Pilibhit.

Accused appellant was on bail during trial and quantity of narcotic drug alleged to have been recovered from possession of accused appellant is below commercial quantity.

In view of above I am of the view that accused appellant should be released on bail till disposal of this appeal.

In view of above, bail application is allowed.

Accused appellant Mohammad Saleem shall be released on bail till disposal of this appeal on furnishing two sureties with personal bond each of like amount to the satisfaction of the Magistrate concerned on depositing 40% of fine awarded by trial court. Remaining 60% of fine awarded by trial court shall remain stayed.

Order Date :- 19.11.2014