Court No. - 49 Case :- CRIMINAL APPEAL No. - 1722 of 2010 Petitioner :- Mohammad Hanif Respondent :- State Of U.P. Petitioner Counsel :- R.J. Singh Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard Sri R. J. Singh learned counsel for the appellant and learned AGA for
the State and perused the material placed on record.
The appellant Mohd. Hanif 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 according to
the prosecution 100 gram of charas and 50 gram of heroine was recovered
from the possession of the appellant which is below the commercial quantity.
It has further been contented that the officer who has searched the appellant
had not complied with the mandatory requirement of Section 50 of the
N.D.P.S. Act.
It has next been contended by learned counsel for the appellant that the
prosecution failed to proof the case against the appellant beyond doubt.
It has lastly been contended that the appellant who has no criminal
antecedents to his credit and was on bail during the pendency of the trial and
there is no instance of misuse of liberty of bail by the appellant hence 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 perused the record and the fact that the appellant was on bail
during the pendency of the trial and there is no instance of 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 trial.
Let the appellant Mohd Hanif S/o Mohd Yasin 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. 546 of 2005
(Case Crime no. 49 and 50 of 2005) under Sections 20 (B) ii (B) and 21 (B) of
the N.D.P.S. Act. P.S. Filkhana District Kanpur Nagar
Subject to the appellant depositing an amount of Rs. 20,000/-, the recovery of
the remaining amount shall remain stayed.
Order Date :- 7.7.2010
YK