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Jamil Ahmad vs State of U.P.

Allahabad High Court · Decided on 17 March 2008 · Citation: (2008) 03 AHC CK 0131

HON’BLE JUDGES
Barkat Ali Zaidi, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 313, 374 · Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 21, 8
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 7245 of 2007
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Judgment

5 paragraphs · 213 words

Barkat Ali Zaidi, J.—Accusedappellant Jamil Ahmad son of Vakil Ahmad was convicted in S.T. No. 3 of 2003 under sections 8/21 N.D.P.S. Act, by judgment and order dated 11.10.2007 passed by Addl. Sessions Judge, Fast Track Court No. 2, Mainpuri.

2.

He has applied for bail.

3.

Heard Sri Y.D. Sharma, advocate for the appellant and Sri Sanjay Sharma, Addl. Government Advocate for the State.

4.

The case of the accusedappellant under section 313 Cr.P.C. was that Sub Inspector M.B. Singh Nagar had taken cloth worth Rs. 12,000/ from his shop and on money being demanded, he said that it is wholly improper to demand price of articles taken by police personnels and in retaliation, he was implicated in this case. The case depends wholly on police witnesses and there is no public witness to support the prosecution case. Four witnesses were examined in defence. It would not be appropriate to go into the merits of the evidence any further. Bail should be granted pending disposal of the appeal.

5.

Accusedappellant Jamil Ahmad be released on bail on his furnishing a personal bond of Rs. 20,000/ with one surety in the like amount to the satisfaction of the Trial Court. Execution of the punishment in question, shall remain suspended pending disposal of appeal.