Court No. - 49 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4262 of 2009 Petitioner :- Om Prakash Respondent :- Union Of India Thru' Central Narcotic Bureau Petitioner Counsel :- Ram Jee Saxena,Raghuvansh Chandra Respondent Counsel :- A.N. Singh,Aga,Sanjay Kumar Singh 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 Sections- 19 and 26 of N. D. P. S. Act and sentenced to
undergo rigorous imprisonment of 10 years with a fine of Rs. 1,00,000/- (one
lac) and further rigorous imprisonment of two years in default of payment of
fine, is seeking enlargement on bail during the pendency of the appeal.
Learned counsel for the appellant has contended that the appellant has falsely
been implicated and convicted in the instant case, although there was no
legally admissible evidence on record that the appellant had committed the
offence punishable under Section 19/20 of the N. D. P. S. Act. It has further
been contended that the appellant was granted license for sowing opium for
the year, 2002-03 and the crops sown by the appellant were destroyed and
there was no embezzlement on the part of the appellant. He further contended
that the appellant who has no criminal antecedents to his credit, is in jail for
the last six years and thus has served the substantive part of his sentence and
is entitled to be enlarged on bail on the aforesaid ground also. It has lastly
been contended that there is no likelihood of appeal being heard in near
future.
The prayer for bail has been vehemently opposed by Sri Sanjay Kumar
Singh, learned counsel appearing for the Union of India.
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, Om Prakash 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. 66 of 2004 under
Sections 19 and 26 of N. D. P. S. Act, Police Station-Central Narcotics
Bureau, District-Bareilly.
Subject to depositing an amount to the tune of Rs. 25,000/- (Twenty Five
Thousand) by the appellant within two months from today, the recovery of
remaining amount shall not be made.
Order Date :- 26.7.2010
HR