Criminal Misc. Bail Application No. 433075 of 2015 Heard learned counsel for the applicant/appellant, learned AGA for the State and perused the record.
Learned counsel for the applicant/appellant has submitted that the accused-applicant has been sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 1 Lac with default clause; that the accused-applicant is in jail for the last about 4 years; that only 20 kg and 400 gms Ganja is said to have been recovered from the possession of the accused-applicant; that in case of Ganja the commercial quantity is above 20 kg so the quantity of the recovered contraband is not much above the commercial quantity; that he has no previous criminal history and that there is no likelihood of this appeal being heard in near future, so he should be enlarged on bail during the pendency of this appeal.
Per contra, learned A.G.A. has opposed the prayer for bail and has further submitted that there is evidence against the applicant/appellant to prove his guilt, so he should not be enlarged on bail.
Having considered the rival submissions made by learned counsel for the parties and perused the material brought on record, this Court is of the view that applicant/appellant is entitled to be released on bail during the pendency of this criminal appeal.
The bail application is, accordingly, allowed.
Let the applicant/appellant Monu @ Munna Chauhan be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned in S.T. No. 138 of 2012 ( State Vs. Monu @ Munna Chauhan) arising out of case crime no. 360 of 2012, under Section- 20 N.D.P.S Act, P.S.- Vijay Nagar, District- Ghaziabad.
On depositing 1/4th of the total fine by the applicant/appellant in the court concerned, the realization of the rest amount of the fine shall remain stayed during the pendency of this appeal.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Let the paper book be prepared.
List this appeal for hearing in due course.
Order Date :- 1.2.2016 P/K