Uttarakhand High Court
Mahmood ........Applicant/ vs State Of Uttarakhand on 10 March, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application (IA) No.1 of 2025
In
Criminal Appeal No. 246 of 2025
Mahmood ........Applicant/Appellant
Vs.
State of Uttarakhand ........... Respondent
Present : Mr. Mani Kumar, Advocate for the applicant/appellant.
Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Joshi, Brief
Holder for the State.
Coram : Hon'ble Ravindra Maithani. J.
Hon'ble Siddhartha Sah, J.
Hon'ble Ravindra Maithani, J. (Oral) Instant appeal is preferred against the judgment and order dated 14.02.2025, passed in Special Sessions Trial No.61 of 2022, State of Uttarakhand vs. Mahmood and another, by the court of Special Judge (NDPS), Almora. By it, the appellant has been convicted under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced accordingly. The appellant seeks bail during pendency of the appeal.
2. Heard on Bail Application (IA) No.1 of 2025.
3. According to the prosecution case, on 14.06.2022, Ganja was allegedly recovered from the possession of the applicant/appellant.
4. Learned counsel for the appellant would submit that the entire case is false; two persons were named in the FIR; one of them has already been acquitted. According to the prosecution case, the sample seal and arrest memo were prepared at the spot, but they bear the FIR number, which was lodged much thereafter. 2
5. This fact is not denied by the learned State Counsel.
6. The Court wanted to know from learned State Counsel that, as to how the FIR number was recorded in the sample seal and arrest memo, when the FIR was admittedly lodged much thereafter? He admits that the sample seal and arrest memo were prepared at the spot and they bear FIR number.
7. Having considered this and other attending factors, we are of the view that it is a case in which the execution of sentence should be suspended and the applicant/appellant be enlarged on bail.
8. The bail application is allowed.
9. The execution of sentence, which is under challenge in this appeal shall remain suspended during the pendency of the appeal.
10. Let the applicant/appellant be released on bail, during pendency of the appeal on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
11. List in due course.
(Siddhartha Sah, J.) (Ravindra Maithani, J.) 10.03.2026 Sanjay