Court No. - 49 Case :- CRIMINAL APPEAL No. - 5047 of 2009 Petitioner :- Bhola Shah Respondent :- State Of U.P. Petitioner Counsel :- D.K. Singh,D.K. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard Sri D. K. Singh learned counsel for the appellant and learned AGA for
the State and perused the material placed on record.
The appellant Bhola Shah upon conviction is seeking enlargement on bail
during the pendency of the present appeal before this Court.
It has been contended by learned counsel for the appellant that 1 Kg. of
Charas is alleged to have been recovered from the possession of the appellant
but there was no compliance of the mandatory requirement of Section 50 of
the N.D.P.S. Act.
It has further been contended that the contraband substance alleged to have
been recovered from the appellant was never weighed and as such there is no
evidence on record indicating that the weight of the alleged contraband
substance recovered from the possession of the appellant was 1 kg.
It has next been contended by learned counsel for the appellant who has no
criminal antecedents to his credit was on bail during the pendency of the trial
and there is no instance of misuse of bail by the appellant, the appellant is
entitled to be enlarged on bail during the pendency of the appeal.
The prayer for bail has been vehemently opposed by learned A.G.A.
After having considered the nature of submissions made on behalf of the
appellant and the fact that the appellant was on bail during the pendency of
the trial and there is no instance of any misuse of bail by the appellant, this
court is of the view that the appellant is entitled to be enlarged on bail during
the pendency of the appeal, this court is of the view that the appellant is
entitled to be enlarged on bail during the pendency of the appeal.
Let the appellant Bhola Shah S/o Late Mangal Shah, be released on bail on his
executing a personal bond and furnishing two sureties each in the like amount
to the satisfaction of the court concerned in Session Trial No. 151 of 2008
(State Vs. Bhola Shah) under Sections 18/20 B (C) of the N.D.P.S. Act. P.S.
Sarai Inayat District Allahabad.
Subject to the appellant depositing an amount of Rs. 25000/-, the recovery of
the remaining amount shall remain stayed.
Order Date :- 6.7.2010
YK