CRLA/208/2023
2023 Latest Caselaw 1014 UK

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                                      CRLA No.208 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Aazmeen, Seikh, Advocate for the applicant.

Mr. Pankaj Joshi, Brief Holder for the State.

Admit.

Summon the LCR.

The applicant/ appellant herein is convict for commission of offence under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

The applicant herein by virtue of the impugned judgment dated 25.03.2023, has been sentenced to undergo two years' rigorous imprisonment and a fine of Rs.5,000/- has been imposed.

As per the observations made in the judgment under challenge the appellant upon being arrested on 05.12.2019 has served about six months in jail.

It is contended by the learned counsel for the appellant, that during this period when he was on bail, he never misused the same. Apart from the fact that the offence which has been included in the gang chart is the only one offence in relation of the N.D.P.S. Act.

The applicant has also sought parity on the ground that co-convict Ganesh Singh has already been released on bail on 11.04.2023, whose role happens to be similar as that of the present appellant.

After considering the entirety of the observations made by the trial Court in its judgment, this Court is of the view, that the applicant is entitled to be released on bail, subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.

However, release of the applicant will be subject to the condition that he deposit the entire penalty amount as it has been imposed upon him.

Connect this Criminal Appeal with Criminal Appeal No.195 of 2023.

(Sharad Kumar Sharma, J.) 17.04.2023 Arti