CRLA/40/2021
2021 Latest Caselaw 775 UK

                    Office Notes,
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SL.
         Date       or directions                COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
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      09.03.2021                     CRLA No. 40 of 2021
                                     With
                                     Bail Appl. No. 1 of 2021

                                     Hon'ble R.C. Khulbe, J.

Mr. T.A. Khan, learned Senior Advocate for the appellant.

Mr. V.S. Rathore, learned A.G.A. for the State.

The bail application has been moved on behalf of the appellant Zartab, who has been convicted under section 18(c) of the NDPS Act and has been awarded five years rigorous imprisonment with fine of Rs. 20,000/- vide judgment and order dated 11.02.2021, passed by Special Judge (NDPS), Udham Singh Nagar, in Special Trial No. 23 of 2012 It is argued by the learned senior counsel for the appellant that the appellant was on bail during trial and he never misused any condition as imposed by the trial court.

Per contra, learned State Counsel opposed for bail.

In the present matter, the appellant was on bail during trial. There is no evidence to show that the appellant misused any condition as imposed by the trial court. As per the evidence, 300 gms., opium was recovered from the possession of the accused but there is no independent witness of the same. Co-accused, namely, Tanseer Ahmad although convicted by the trial court but has only been awarded Rs. 5,500/- fine. It will take time to hear the appeal on merit.

Accordingly, without going into merit of the case, it is a fit case for bail at this stage.

The bail application is allowed and appellant is directed to be released on bail during the pendency of the appeal on his executing a personal bond and furnishing two reliable sureties in the like amount to the satisfaction of the concerned Court provided that the appellant shall deposit the fine before the concerned court as imposed upon him.

Let a certified copy of this order be supplied to the learned counsel for the appellant within 24 hours, as per rules.

(R.C. Khulbe, J.) 09.03.2021 Parul