Court No. - 49 Case :- CRIMINAL APPEAL No. - 6817 of 2009 Petitioner :- Prabha Giri & Another Respondent :- State Of U.P. Petitioner Counsel :- M.S. Pandey,R.K.Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard Sri M.S. Pandey learned counsel for the appellants and
learned AGA for the State and perused the material placed on
record.
The appellants Prabha Giri & Smt. Salma 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 appellants that 1
Kg. of Charas is alleged to have been recovered from each of the
appellants 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 appellants 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
each of the appellants was 1 kg.
It has next been contended by learned counsel for the appellants who
have no criminal antecedents to their credit were 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 perused the record and the fact that the appellants
were on bail during the pendency of the trial and there is no instance
of any misuse of bail by the appellants, this court is of the view that
the appellant is entitled to be enlarged on bail during the pendency
of the appeal
Let the appellants Prabha Giri W/o Sri Shyam Sunder Giri and Smt.
Salma W/o Sri Firoj, be released on bail on their executing a
personal bond and furnishing two sureties each in the like amount to
the satisfaction of the court concerned in Session Trial No. 153 of
2008 and 154 of 2008 under Sections 18/20 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