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 only 130 gram diazepam is said to have been recovered from the possession of the accused-appellant; that in case of diazepam, the commercial quantity is 500 gram thus the quantity of the said contraband is much less than the commercial quantity and the accused-appellant is in jail since 11.12.2015; that the applicant/appellant was on bail during the trial and he never misused the liberty of bail, 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 Rajjoo @ Rambali 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 Special case No. 17 of 2012 arising out of case crime no. 115 of 2011, under Section- 22 N.D.P.S. Act, P.S- G.R.P. Moahba, District- Mahoba.
On depositing of Rs. 1/5th of the total amount of 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 :- 5.1.2016 P/K