Sindhi vs State Of U.P.
2019 Latest Caselaw 3588 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 1776 of 2019
 

 
Appellant :- Sindhi
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Anil Kumar Srivastava,Manoj Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the accused-appellant and learned A.G.A. for the State on bail application. Perused the record.

By the judgement and order dated 20.2.2019 passed by learned Additional Sessions Judge, Agra the accused-appellant has been convicted and sentenced in Special Sessions Trial No. 120 of 2016, arising out of Case Crime No. 233 of 2016, P.S. Lohamandi, District Agra for the offence under section 15/20 of the Narcotic Drugs and Psychotropic Substance Act, 1985, four years rigorous imprisonment and fine of Rs.25,000/- and in case of default in payment of fine, 6 months additional imprisonment.

Submission of learned counsel for the accused-appellant is that appellant has been falsely implicated in this case. Further submission is that false recovery of 6.5 k.g. POPPY (DODA) from the possession of the accused-appellant has been made as no such recovery has been made from his possession. The recovery made from the possession of accused-appellant of DODA is less than commercial quantity. The accused-appellant is languishing in jail since the date of conviction. He undertakes that he will not misuse the liberty of bail, if granted.

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

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

Let the appellant-Sindhi convicted in Special Sessions Trial No. 120 of 2016, arising out of Case Crime No. 233 of 2016, under sections 15/20 of the Narcotic Drugs and Psychotropic Substance Act, 1985, P.S. Lohamandi, District Agra, 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.

Since the lower court record has been received, office is directed to prepare paper book within four months.

List the appeal for hearing in due course.

Order Date :- 26.4.2019

RCT/-