Allahabad High Court
Dhananjay Singh vs State Of U.P. on 4 August, 2010
Author: Bala Krishna Narayana
Bench: Bala Krishna Narayana
Court No. - 49 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 5021 of 2010 Petitioner :- Dhananjay Singh Respondent :- State Of U.P. Petitioner Counsel :- Ashwini Kumar Awasthi,Manish Tiwary 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 Sections 8/20 (b) (ii) (b) of N. D. P. S. Act, 1985 and sentenced to undergo rigorous imprisonment of five years with a fine of Rs. 50,000/- (Fifty thousand only) and further one year's imprisonment 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 prosecution version, 14 and half kgs. of Ganja was recovered from the possession of the appellant, which is below the commercial quantity. It has also been contended that there was no compliance with the mandatory requirements of the provision of Section 50 of N. D. P. S. Act, 1985.
It has further been contended that the appellant who has no criminal antecedent to his credit, is in jail since 30.7.2010 and he was on bail during the trial and there is no instance of misuse of liberty of bail by him, thus, he is entitled to be enlarged on bail during the pendency of the appeal, as there is no likelihood of appeal being heard in near future.
The prayer for bail has been vehemently opposed by learned A. G. A. In view of the above, without expressing any opinion on the merits of the case, let the appellant, Dhananjay Singh 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 Trial No. 344 of 2002, arising out of Case Crime No. 499 of 2002, under Sections- 8/ 20 (b) (ii) (b) of N D. P. S. Act, 1985, Police Station-Bhelupur, District-Varanasi. Subject to appellant's depositing an amount to the tune of Rs. 12,500/- (Twelve thousand five hundred) within one month from today, the recovery of remaining amount shall not be made.
Order Date :- 4.8.2010 HR