Heard learned counsel for the accused appellant as well as learned A.G.A. on bail application.
Accused appellant has been convicted vide judgment and order dated 23.8.2014 passed by Special Judge N.D.P.S./Additional Session Judge, Court No.3, Mahoba in Special Session Trial No.72 of 2010 (State Vs. Daya Shanker @ Fallu) under section 18/20 N.D.P.S. Act , Police Station Kabrai, District Mahoba for offence punishable under section 20 N.D.P.S. Act and has been sentenced thereunder with rigorous imprisonment for eight years and fine of Rs.40,000/-.
The quantity of charas alleged to have been recovered from possession of accused appellant is below commercial quantity and accused appellant was on bail during trial.
In view of above I am of the view that accused appellant should be released on bail till disposal of this appeal.
In view of above, bail application is allowed.
Accused appellant Daya Shanker @ Fallu Tiwari shall be released on bail till disposal of this appeal on furnishing two sureties with personal bond each of like amount to the satisfaction of the Magistrate concerned on depositing 50% of fine awarded by trial court. Remaining 50% of fine awarded by trial court shall remain stayed till disposal of bail application.
Order Date :- 24.11.2014 RU