Court No. - 49 Case :- CRIMINAL APPEAL No. - 6260 of 2009 Petitioner :- Raghunath Yadav Respondent :- State Of U.P. Petitioner Counsel :- Raj Kumar 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 20 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 one year in default of payment of fine, is seeking
enlargement on bail during the pendency of the appeal.
Learned counsel for the appellant contended that according to the prosecution
version, one kg. Of Charas, which is within the commercial quantity, was
recovered from the pockets of the trouser of the appellant, but there was no
compliance with the requirement of Section 50 of the N. D. P. S. Act. It is
next contended that the weight of recovered contraband article was not taken
by any measuring scale and thus, there is no reliable evidence on record
regarding weight of the contraband article. It has further been contended that
although the recovery from the appellant was made at the public place but
there is no public witness of the recovery.
He has lastly contended that the appellant who is in jail since 18.8.2009, has
no criminal antecedent to his credit and he was on bail during trial and there is
no instance of misuse of liberty of bail by him, thus 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.
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, Raghunath Yadav 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. 21 of 2003, arising out
of Case Crime No. 1230of 2002 under Sections 20 of N. D. P. S. Act, Police
Station-Cipri Bazar, District-Jhansi.
Subject to appellant’s depositing an amount to the tune of Rs. 25,000/-
(Twenty Five Thousand) within two months from today, the recovery of
remaining amount shall not be made.
Order Date :- 13.7.2010
HR