Firoz Ahmad and Another vs State of U.P.

Shri Kant Tripathi, J.—The Appellants have been convicted and sentenced u/s 8/20 of N.D.P.S. Act, vide the judgment and order dated 23.08.2010 rendered in Special Case No. 27 of 2009, State v. Tisu @ Akram and Special Case No. 28 of 2009, State v. Firoj Ahmad by Additional Sessions Judge, F.T.C. No. 1, Maharajganj and the maximum sentence imposed on him is of 4 years'' R.I. Heard the learned Counsel for the Appellant and the learned A.G.A. for the Respondent and perused the impugned judgment and order. Admit. Summon the lower Court record.

Notice on behalf of the State-Respondent has already been accepted.

Learned Counsel for the Appellant submitted that the recovered quantity of Charas from each of the Appellants was less than the commercial quantity and the maximum sentence imposed on each of the Appellants is of four years and they are in jail from last about two years, therefore, they have served out a substantial portion of the sentence.

Keeping in view the facts and circumstances of the case and submissions of the learned Counsel for the Appellant and the learned A.G.A, the Appellants Firoj Ahmad and Tisu @ Akram is bailed out during the pendency of the appeal in the aforesaid case on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned and also subject to the following conditions:

The accused shall attend the Court according to the conditions of the bond executed by him;

The accused shall not commit an offence similar to the offence of which he is accused;

The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the trial Court will be at liberty to cancel the bail.

The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the Appellant deposit half of the fine within one month. On acceptance of bail bond and personal bond, the lower Court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.