Criminal Misc. Bail Application No.14567 of 2011 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 no weight of the diazepam allegedly recovered from the possession of the accused-appellant has been mentioned in the recovery memo nor the same has come in the evidence of any of the witnesses of fact examined by the prosecution in the trial court; that the determination of the weight of the said diazepam tablets has been done as per the Forensic Science Laboratory report according to which 1kg weight of the allegedly recovered article has been determined; that some explosive substance was also said to have been recovered from the possession of the accused-appellant during the course of the same recovery and in that regard the accused-appellant was tried for the charge under section 4/5 Explosive Act, in S.T. no. 502 of 2004 but the accused-appellant has been acquitted of that charge, so the recovery of this narcotic substance also becomes doubtful. It is also submitted that the accused-appellant is in jail since 21.12.2010 and, thus, he has suffered more half of the substantive sentence of imprisonment awarded to him by the trial court; that there is no likelihood of this appeal being heard in near future because of heavy pendency of such types of cases before this court, 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 Ranga Pasi 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. 299 of 2003 arising out of case crime no. 158 of 2003, under Section- 22 of N.D.P.S. Act, P.S- Cantt., District- Allahabad.
On depositing of 1/4th of the total amount of fine by the applicant/appellant in the lower 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 :- 18.2.2016 P/K