Aalam vs State Of U.P.
2019 Latest Caselaw 4475 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 2735 of 2019
 

 
Appellant :- Aalam
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Mirza Ali Zulfaqar
 
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 29.3.2019 passed by learned Additional Sessions Judge/F.T.C., Rampur, the accused-appellant has been convicted in Special Case No. 73 of 2015, arising out of Case Crime No. 245 of 2015, P.S. Swar, District Rampur and sentenced for the offence under section 8/20 N.D.P.S. Act, for four years rigorous imprisonment and fine of Rs.10,000/-.

Submission of learned counsel for the accused-appellant is that accused-appellant has been falsely implicated in this case. The recovery of 500 gram charas from his possessions is false and planted. The alleged recovery of 500 gram charas is below commercial quantity. There is no independent witness and mandatory provision of N.D.P.S. Act has not been complied with. Further submission is that accused-appellant was on bail during trial and he never misused the liberty of bail. Accused-appellant is in jail since 29.3.2019, 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.

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-Aalam convicted in Special Case No. 73 of 2015, arising out of Case Crime No. 245 of 2015, under Section 8/20 N.D.P.S. Act, P.S. Swar, District Rampur, 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 :- 14.5.2019

RCT/-