Mohammad Hasan vs State Of U.P.
2019 Latest Caselaw 3272 ALL

Citation : 2019 Latest Caselaw 3272 ALL
Judgement Date : 19 April, 2019

Allahabad High Court

Mohammad Hasan vs State Of U.P. on 19 April, 2019

Bench: Pradeep Kumar Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL APPEAL No. - 937 of 2019
 

 
Appellant :- Mohammad Hasan
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Krishna Dutt Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the appellant, learned A.G.A. for the State on bail application.

By judgment and order dated 24.1.2019 passed by Additional Sessions Judge (F.T.C.2016), Mahoba, accused-appellant has been convicted and sentenced for the offence under Section 20-Kha, N.D.P.S. Act for four years rigorous imprisonment and fine of Rs.50,000/- in Special Case No. 38 of 2013, arising out of case crime No. 674 of 2013, P.S. Kabari, District Mahoba.

Submission of learned counsel for the appellant is that recovery was much less than commercial quantity and imprisonment is of four years. The accused appellant was on bail during trial and did not misuse the liberty of bail. Further submission is that in the judgment itself it has been mentioned that there is no criminal history of accused appellant. Accused appellant is languishing in jail since 24.1.2019.

Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court after appreciating evidence on record has rightly convicted the accused appellant.

Considering the facts and circumstances of the case and also that there is no chance of early hearing of appeal, without expressing any opinion on merit of the case, I find it to be a fit case for bail during pendency of appeal.

Let the appellant-Mohammad Hasan convicted in Special Case No. 38 of 2013, arising out of case crime No. 674 of 2013, P.S. Kabari, District Mahoba, be released on bail during pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.

As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.

List the appeal for hearing in due course.

Order Date :- 19.4.2019

RCT/-