Raju vs State of U.P.

Bala Krishna Narayana, J.—Heard learned Counsel for the Appellant and learned AGA.

The present criminal appeal has been filed against the judgment and order of conviction dated 23.07.2010 passed by learned Additional Sessions Judge, F.T.C. No. 2, Ghaziabad convicting the Appellant in S.T. No. 801 of 2009 (State v. Sanjay Sharma and others) & S.T. No. 100 of 2009, (State v. Raju) convicting and sentencing the Appellant u/s 398 IPC for 7 years Rigorous Imprisonment, Section 25/4 of Arms Act for imprisonment and u/s 8/20 NDPS Act for fifteen years rigorous imprisonment along with a fine of Rs. 1,50,000/-and in default in payment of fine to undergo further additional imprisonment of three years.

It is contended by learned Counsel for the Appellant that one Kg of Charas is alleged to have been recovered form the possession of the Appellant which is below the commercial quantity and that the mandatory provisions of Section 50 of the NDPS Act have not been complied with. It is further contented that the Appellant was on bail during the pendency of the trial and he has not misused the liberty of bail during trial. It is next contended that the appeal is not likely to be heard in near future.

Learned AGA did not dispute the contention advanced by the learned Counsel for the Appellant.

Admit.

Summon the trial court records.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, let the Appellant Sanjay Sharma be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned in S.T. No. 801 of 2009 (State v. Sanjay Sharma and others) & S.T. No. 100 of 2009, (State v. Sanjay Sharma)under Section 398 IPC, Section 25/4 of Arms Act and u/s 8/20 NDPS Act Police Station Sihani Gate, District Ghaziabad. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Judge concerned to be kept on record of this Appeal.

Subject to Appellant''s depositing a sum of Rs. 5000/ the realization of fine shall remain stayed during the pendency of the present appeal.