Purnawasi vs State Of U.P.
2014 Latest Caselaw 7907 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- CRIMINAL APPEAL No. - 4094 of 2014
 

 
Appellant :- Purnawasi
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Pradeep Kumar Vi
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Akhtar Husain Khan,J.

Admit and register criminal appeal

Summon the records of trial court.

List after two months for hearing before appropriate Bench.

Heard learned counsel for the accused appellant as well as learned A.G.A. and perused record.

Learned Additional Sessions Judge, Court No.4, District Maharajganj vide impugned judgment and order dated 1.10.2014 passed in S.T. No.26 of 2004 related to Case Crime No.80 of 2004, under section 8/20 N.D.P.S. Act, Police Station Thuthibari, District Maharajganj has convicted accused appellant Purnawasi  for offence punishable under section 8/20 N.D.P.S. Act and sentenced thereunder  to rigorous imprisonment for three years and six months with fine of Rs.10,000/-. Learned  trial court  further directed  that in default for  payment of fine accused appellant  shall go further imprisonment for two months.

It is alleged by learned counsel accused appellant that accused appellant  was on bail during trial  and quantity of ganja alleged to have been recovered  from possession of accused appellant  is below commercial quantity.

Learned A.G.A. opposed bail application but conceded that accused appellant was on bail during trial and quantity of ganja alleged to have been recovered from possession of accused appellant is below commercial quantity.

Considering  whole facts and circumstances of the case as well as  nature of offence, I am of the view that  accused appellant  should be released on bail till disposal of appeal provided he deposits 50%  of fine awarded by trial court.

Bail application is allowed.

Accused appellant Purnawasi 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 with condition that 50%  of fine awarded by trial court shall be deposited, if it has not already been deposited.

Order Date :- 30.10.2014

RU