Taking note of the fact that the quantity involved in this case is only 14 Kgs. of Ganja, which is a non-commercial quantity, we had requested the learned Counsel for the State to ascertain as to whether the Appellant is involved in any other case. {Para 3}
4. Learned Counsel appearing for the State, on instruction, has fairly submitted that the Appellant is not involved in any other case.
5. In the above circumstances, we are of the view that the Appellant should be released on bail, pending trial.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 175/2018
Decided On: 25.01.2018
Birbal Prasad Vs. The State of Bihar
Hon'ble Judges/Coram:
Kurian Joseph and Mohan M. Shantanagoudar, JJ.
Author: Kurian Joseph, J.
1. Leave granted.
2. Heard the learned Counsel for the Appellant and the Respondent/State of Bihar.
3. Taking note of the fact that the quantity involved in this case is only 14 Kgs. of Ganja, which is a non-commercial quantity, we had requested the learned Counsel for the State to ascertain as to whether the Appellant is involved in any other case.
4. Learned Counsel appearing for the State, on instruction, has fairly submitted that the Appellant is not involved in any other case.
5. In the above circumstances, we are of the view that the Appellant should be released on bail, pending trial.
6. The Appellant shall be released on bail on his executing a bond to the tune of Rs. 10,000/- (Rupees Ten Thousand) with two sureties for the like amount, to the satisfaction of the Trial Court.
7. However, the Appellant shall not in any way indulge in any criminal activities and he shall also not influence the witnesses or otherwise interfere with the fair trial.
8. The Appellant shall also appear before the concerned Station House Officer on the last Saturday of every month.
9. The appeal is, accordingly, disposed of.
10. Pending application(s), if any, shall stand disposed of.
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