Court No. - 49 Case :- CRIMINAL APPEAL No. - 806 of 2010 Petitioner :- Kedar Soni Respondent :- State Of U.P. Petitioner Counsel :- Pavan Kishore Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the appellant and learned A. G. A. and perused the
material on record.
By means of this application, the appellant who has been convicted for an
offence under Section 22 of N. D. P. S. Act and sentenced to undergo rigorous
imprisonment of six years with a fine of Rs. 20,000/- (twenty thousand) and
further rigorous imprisonment of three months in default of payment of fine,
is seeking enlargement on bail during the pendency of the appeal.
Learned counsel for the appellant contended that the appellant has been
convicted under Section 22 of N. D. P. S. Act upon being found to be in
unauthorized possession of 150 gms. of Diazapam, which is well within the
commercial quantity. It has also been contended that there was no compliance
with the requirements of the provisions of Section 50 of N. D. P. S. Act. It has
next been contended that the appellant was on bail during the trial and since
there is no instance of misuse of liberty of bail by him, he is entitled to be
enlarged on bail, as there is no likelihood of appeal being heard in near future.
The prayer for bail has been vehemently opposed by the learned A. G. A. and
it has been submitted by learned A. G. A. that the appellant has long criminal
history and that further apart from the case in hand, the appellant is accused in
sixteen other cases. However, he did not dispute the fact that apart from the
instant case, the appellant is not an accused in any case under the N. D. P. S.
Act.
Considering the submissions made by learned counsel for the appellant and
the facts stated above, without expressing any opinion on the merits of the
case, let the appellant, Kedar Soni 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 Special Case No. 46 of 2009, arising out
of Case Crime No. 16 of 2009 under Sections 22 of N. D. P. S. Act, Police
Station-G. R. P., District-Mahoba.
Subject to appellant’s depositing an amount to the tune of Rs. 5,000/- (Five
Thousand) within two months from today, the recovery of remaining amount
shall not be made.
Order Date :- 13.7.2010
HR