Allahabad High Court
Hari Singh vs State Of U.P. on 13 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 2379 of 2019
Appellant :- Hari Singh
Respondent :- State Of U.P.
Counsel for Appellant :- Indra Deo Mishra,Shri Ram (Rawat),Shushil Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
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 22.2.2019 passed by learned IIIrd Additional Sessions Judge/Spl. Judge (Anti Corruption Act), Court No. 3, Varanasi, the accused-appellant has been convicted in S.T. No. 183 of 2016, arising out of Case Crime No. 124 of 2016, P.S. Mirza Murad, District Varanasi and sentenced for the offence under section 8/20 N.D.P.S. Act, for ten years rigorous imprisonment and fine of Rs.1,00,000/-.
Submission of learned counsel for the accused-appellant is that appellant has been falsely implicated in this case. The alleged recovery of 137 kg. ganja from the possession of accused-appellant is also concocted and false. Further submission is that mandatory provision of N.D.P.S. Act has not been complied with. The accused appellant is in jail since 2.6.2016 and as such he has passed almost three years in jail. 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 rightly convicted and sentenced the accused appellant after appreciating evidence on record. He has also submitted that since 137 kg. ganja has been recovered from his possession, he is not entitled for bail.
Considering the facts and circumstances of the case, the fact that accused-appellant has passed about three years in jail, the provisions of N.D.P.S.Act has not been complied with and also that there is no likelihood 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-Hari Singh convicted in Special Sessions Trial No. 183 of 2016, arising out of Case Crime No. 124 of 2016, under Section 8/20 N.D.P.S. Act, P.S. Mirza Murad, District Varanasi, 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 :- 13.5.2019
RCT/-
