Court No. - 49 Case :- CRIMINAL APPEAL No. - 4334 of 2009 Petitioner :- Vinod Kumar Sindhi Respondent :- State Of U.P. Petitioner Counsel :- A.N. Mishra,Anil Srivastava,S.K.Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Supplementary affidavit filed by learned counsel for the appellant in which, it
has been stated that the appellant has no criminal history, which is being taken
on record.
Heard learned counsel for the appellant and learned A.G.A.
The present criminal appeal has been filed against the Judgement and order of
conviction dated 24.07.2009, passed by learned Additional Sessions Judge,
Court No. 10, Agra in Sessions Trial No. 24 of 2005, whereby sentencing the
appellant under Section 15 N.D.P.S. Act, to undergo for rigorous
imprisonment of five years alongwith fine of Rs. 20,000/- and in default in
payment of fine to further undergo for imprisonment of six months.
It is contended by learned counsel for the appellant that 43.150 k.g., of doda
powder is alleged to have been recovered from the possession of the appellant
and the mandatory provisions of the N.D.P.S. has not been complied with. It
is further contended that the appellant was on bail during the pendency of the
trial and that he has not misused the liberty of bail.
Considering the facts and circumstances of the case, let the appellant Vinod
Kumar Sindhi, be released on bail on their furnishing a personal bond and two
local sureties each in the like amount to the satisfaction of the Court
concerned below in Sessions Trial No. 24 of 2005, under Section 15 N.D.P.S.,
Act Police Station Hariparwat, District Agra.
Realization of fine shall remain stayed during the pendency of the present
appeal.
Order Date :- 27.1.2010
S.Ali