Mumtaj Ahmad vs State Of U.P.
2014 Latest Caselaw 8964 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- CRIMINAL APPEAL No. - 4413 of 2014
 

 
Appellant :- Mumtaj Ahmad
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Rajesh Kumar Singh
 
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 for one year and fine of Rs.5000/-.

Narcotic drug  alleged to have been recovered from possession of accused appellant  is admittedly below commercial quantity.

Learned counsel for accused appellant contended that accused appellant is in jail since 10.9.2014. Learned counsel for accused appellant further contended that accused appellant was on bail but his bail was cancelled by trial court as accused appellant could not appear on date fixed.

In view of above I am of the view that accused appellant should be released on bail  subject to deposit of fine awarded by trial court till disposal of this appeal.

In view of above, bail application is allowed.   

Accused appellant Mumtaj Ahmad 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  trial court  subject to payment of  fine awarded by trial court.

Order Date :- 21.11.2014

RU