Court No. - 49 Case :- CRIMINAL APPEAL No. - 4381 of 2010 Petitioner :- Munna @ Munai Maurya Respondent :- State Of U.P. Petitioner Counsel :- Prabhat Agarwal Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the appellant and learned AGA for the State.
By means of this appeal, the appellant Munna @ Munai Maurya upon
conviction is seeking enlargement on bail during the pendency of the present
appeal before this Court.
The present criminal appeal has been filed against the judgment and order of
conviction dated 19.5.2010 passed by learned Additional Sessions Judge,
F.T.C. No. 5, Fatehpur in S.T. Nos. 150 & 151 of 2009, (State Vs. Munna @
Munai Maurya) arising out of Case Crime Nos. 16 & 15/09 convicting the
appellant under Section 5 Explosive Substance Act and sentencing him to
undergo rigorous imprisonment of one year along with a fine of Rs.1000/- and
in default in payment of fine to undergo further simple imprisonment of two
months.
It is contended by learned counsel for the appellant that 1 ½ Kgs of ganja is
alleged to have been recovered form the possession of the appellant and that
the mandatory provisions of Section 50 of the NDPS Act have not been
complied with. It is further contented that the appellant was on bail during the
pendency of the trial and he has not misused the liberty of bail during trial. It
is next contended that the appeal is not likely to be heard in near future.
Learned AGA did not raise any dispute to the contention of learned counsel
for the appellant.
Admit.
Summon the trial court records.
Considering the facts and circumstances of the case, without expressing any
opinion on the merits of the case, let the appellant Munna @ Munai Maurya
be released on bail on his furnishing a personal bond and two local sureties
each of the like amount to the satisfaction of the court concerned in S.T. Nos.
150 & 151 of 2009, (State Vs. Munna @ Munai Maurya) arising out of Case
Crime Nos. 16 & 15/09 convicting the appellant under Section 5 Explosive
Substance Act P.S. Kotwali, District Fatehpur. As soon as personal and surety
bonds are furnished, photocopies of the same are directed to be transmitted to
this Court forthwith by the Judge concerned to be kept on record of this
Appeal.
Realization of fine shall remain stayed during the pendency of the present
appeal.
Order Date :- 9.7.2010
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