Court No. - 42
Case :- CRIMINAL APPEAL No. - 4932 of 2017 Appellant :- Shiv Kailash & Another Respondent :- State Of U.P.
Counsel for Appellant :- Anil Kumar,Hira Lal Yadav,Kartikey Singh Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Kartikey Singh as well as Hira Lal Yadav, learned counsel for the appellants and the learned A.G.A. for the State. Admit.
Criminal Appeal Nos.24 of 2014, 682 of 2014, 623 of 2014, 535 of 2014 have already been connected with this appeal wherein the order for summoning the lower court's record has been passed by this Court, therefore, no order need be passed for summoning the same in this appeal.
By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 17.12.2013 passed by Additional Sessions Judge, Court No.6, Agra, in Special Session Trial No.270 of 2011 State Vs. Sunil Sharma and others, arising out of Case Crime No.949 of 2010 under Sections 8/20 N.D.P.S. Act, Police Station Sikandara, District Agra whereby the accused-appellant has been sentenced to undergo fifteen months rigorous imprisonment coupled with fine Rs.2,00,000/- in default of payment of fine, he will have to undergo additional one year rigorous imprisonment.
It has been claimed on behalf of the appellants that in this case, the prosecution story appears to be that appellants were apprehended by the police team of Special Task Force on 11.12.2010 around 4:40 p.m. when they were sitting inside Tavera Jeep U.P. 78 BB - 2409. On their interception by the police, certain quantity of contraband/narcotics substance was alleged to have been recovered from cavity of the aforesaid Tavera Jeep. When the appellants could not show any authority to carry the contraband/substance, they were taken into custody and the recovered contraband was kept under seal by the police team of Special Task Force on the spot.
It has further been claimed on behalf of the appellants that co-accused Raja Bakshi and Lalit Narayan have been admitted to bail by this Court vide orders dated 27.04.2017 and 22.05.2018 in Criminal Appeal Nos.24 of 2014 and 535 of 2014, respectively. The chances of appeal being heard in near future is extremely bleak.
Learned AGA though endeavoured to support the judgment but he has not refuted the aforesaid submissions.
Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, consider it appropriate to release the appellant on bail.
Let the appellants Shiv Kailash and Shiv Kumar be enlarged on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above sessions trial number for the above offences.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
Realization of half of the amount of fine shall remain stayed during pendency of the instant appeal and rest of half of the amount of fine shall be deposited by the appellants within one month from the date of their release from jail.
Order Date :- 31.7.2018 S Rawat