Court No. - 49 Case :- CRIMINAL APPEAL No. - 4545 of 2010 Petitioner :- Sushil Singh Respondent :- State Of U.P. Petitioner Counsel :- R.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the appellant and learned AGA.
By means of this appeal, the appellant Sushil Singh 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 31.5.2010 passed by learned
Additional Sessions Judge, F.T.C. No. 2, Mahoba in S.T. No. 70 of
2007, (State Vs. Jag Roop) arising out of Case Crime No. 30/07
convicting the appellant under Section 21/22 NDPS Act and
sentencing him to undergo rigorous imprisonment of five years
along with a fine of Rs.20,000/- and in default in payment of fine
to undergo further simple imprisonment of one year & six months.
It is contended by learned counsel for the appellant that 130 gms
of Doda powder and 10 tablets of Diazapam are 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
Sushil Singh 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. No. 70 of 2007, (State Vs. Jag Roop)
arising out of Case Crime No. 30/07 under Section 21/22 NDPS
Act, P.S. GRP., Mahoba, District Mahoba. 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.
Subject to the appellant depositing 25% of the amount, the
recovery of the remaining amount shall remain stayed.
Order Date :- 15.7.2010
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