Jagmer Singh and Another vs State of U.P.

Bala Krishna Narayana, J.—Heard learned Counsel for the applicant-Appellants and learned A.G.A. for the State.

The Appellants upon being convicted for the offence punishable u/s 8/15 of N.D.P.S. Act (hereinafter referred to as the Act) and sentenced to undergo ten years rigorous imprisonment and fine of Rs. 1,00,000/- with default stipulation by means of the present application are seeking enlargement on bail during the pendency of this appeal.

Learned Counsel for the Appellants contended that as per the prosecution case five bags containing poppy-straw powder were recovered from the vehicle in which the Appellants were travelling, during a routine search. He further contended that the prosecution having failed either to produce before the court contraband articles which were allegedly recovered from the vehicle in which the Appellants were travelling or to establish that the same were dealt with in accordance with the provisions of Section 52A of the Act and there being No. link evidence to establish that the sample which was sent for chemical analysis was the same which was drawn from the contraband articles allegedly recovered from the vehicle in which the Appellants were travelling, their conviction u/s 8/15 of the Act and the sentence imposed upon them cannot be sustained. He next contended that the Appellants have No. criminal antecedents to their credit and they were on bail during the pendency of the trial except for a short period when before the pronouncement of the judgment they could not attend the court on one day whereupon their bail bonds were cancelled. He lastly contended that there being No. likelihood of this appeal being heard in near future, the Appellants are entitled to be enlarged on bail during the pendency of this appeal.

Per contra, learned A.G.A. opposed the prayer for bail.

After having very carefully considered the contentions advanced on behalf of the Appellants and perused the impugned judgment as well as the record of the Sessions Trial Nos. 247 of 2000 and 247A of 2000, u/s 8/15 of the Act, I am of the view that there is No. reasonable ground for believing that the Appellants have committed the offence for which they have been convicted. There is also No. material on record which may indicate that if the Appellants are enlarged on bail by this Court they will commit any other offence while on bail.

In this view of the matter the Appellants are entitled to be released on bail during the pendency of this appeal.

Let the Appellants Jagmer Singh and Harveer Singh be released on bail on each of them furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned in Sessions Trial Nos. 247 of 2000 and 247A of 2000, u/s 8/15 of the Act, P.S. Kairana, District Muzaffarnagar. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial Judge concerned to be kept on record of this Appeal.

Realization of fine of Rs. 90,000/- shall remain stayed during the pendency of the present appeal and the remaining amount of Rs. 10,000/- shall be deposited by each of the Appellants within one month from the date of release from jail before the Court below. In case, the amount of Rs. 10,000/- is not deposited within the aforesaid period, then the bail order granting bail to the Appellants shall automatically stand cancelled.