Order on the memo of appeal:-
Heard Sri Manoj Kumar Singh, learned counsel for the appellant and learned A.G.A. for the State.
This criminal appeal has been filed against the judgment and order dated 20.3.2021 passed by learned Special Sessions Judge, N.D.P.S. Act, Bahraich in Special Sessions Trial No.83 of 2019, under Sections 8/20(b)(II)(C) of N.D.P.S. Act, Police Station Ruprealization of half of fine shall remain stayed saidha, District Bahraich, whereby convicted the appellant for ten years rigourous imprisonment for aforesaid offence with a fine of Rs.1,00,000/- and in case of default in payment of fine two years additional simple imprisonment.
Office is directed to send reminder to learned court below from which L.C.R. was summoned on 28.06.2021.
Ref:- Criminal Misc Bail Application No.64707/2021:-
Heard Sri Manoj Kumar Singh, learned counsel for the appellant and learned A.G.A. for the State.
Perused the record.
It is contended by the learned counsel for the applicant that recovery of 3.355 kilograms Charas has been shown from the possession of the applicant, when in fact no such recovery has taken place. It is next contended that it is not known as to how the weighment of allegedly recovered substance was done. There is no independent witness of the alleged recovery. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended that the applicant has no criminal history and the applicant is in jail since 17.2.2019. The trial court has misread the evidence on record and wrongly convicted the appellant. It is further submitted that there is no likelihood of early disposal of the appeal due to huge pendency of much older appeals before this court and the applicant-appellant undertakes that if released on bail, she will never misuse the liberty and will cooperate in the hearing of this appeal.
Learned AGA has opposed the bail application but he could not point out anything relevant to contradict the aforesaid submissions made by learned counsel for the applicant.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances and without expressing any opinion on the merits of the case, this court is of the view that the applicant-appellant be enlarged on bail during pendency of the appeal.
Let the appellant Sir Kumari Kami, who has been convicted and sentenced in Special Sessions Trial No.83 of 2019, under Sections 8/20(b)(II)(C) of N.D.P.S. Act, Police Station Rupaidha, District Bahraich, be released on bail on her furnishing a personal bond with two local sureties each in the like amount to the satisfaction of the Court concerned.
During the pendency of appeal, realization of half of fine shall remain stayed subject to the condition that the applicant-appellant shall deposit half of the fine before the court concerned within thirty days from the date of his release from the jail.
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.
List the appeal in due course for final hearing.
Order Date :- 25.8.2021 Dev Prakash.