The Himachal Pradesh High Court dismissed an application, seeking suspension of the sentence imposed by the learned Trial Court for the commission of an offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances. The Court observed that the Court should consider the gravity of the offense while considering an application for bail under Section 389 of Cr. P.C.
Brief Facts:
It has been asserted that the applicant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of ₹ 50,000/- and in default of payment of the fine to undergo rigorous imprisonment for six months for the commission of an offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the applicant was on bail throughout the trial and he had not misused the liberty extended to him. There are various infirmities in the prosecution case hence, he prayed that the present application be allowed and the applicant be released on bail.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the learned Trial Court had rightly considered the evidence on record and there is no infirmity in the judgment and order passed by the learned Trial Court. The mere fact that the applicant was on bail throughout the trial is not sufficient to grant bail under Section 389 of Cr.P.C. during the appeal. The offenses proved against the applicant are heinous and adversely affect the society at large; hence, he prayed that the present application be dismissed.
Observations of the Court:
The Court noted that the applicant was found guilty of possessing 340 grams of cannabis and was sentenced to undergo rigorous imprisonment for five years because of the social impact of such a crime. There is a force in the submission on behalf of the State that the offense is heinous and affects the society at large.
The Court observed that the Court should consider the gravity of the offense while considering an application for bail under Section 389 of Cr. P.C. The Courts should not release a person on bail merely because he was on bail throughout the trial and had not misused the concession of liberty granted to him. While granting bail under Section 439 of Cr.P.C., the Courts are liberal and apply the principle that bail is a rule and jail is an exception; however, in the case of post-conviction bail, there is a finding of guilt and the question of presumption of innocence does not arise. The bail cannot be granted in NDPS cases lightly.
The decision of the Court:
The Himachal Pradesh High Court, dismissing the petition, held that the bail cannot be granted to the applicant at this stage keeping in view the quantity of the cannabis recovered from his possession.
Case Title: Gian Chand v State of Himachal Pradesh
Coram: Hon’ble Justice Rakesh Kainthla
Case no.: Cr. MP No. 4147 of 2023
Advocate for the Petitioner: Mr. Sunil Kumar Banyal
Advocate for the Respondents: Mr. Prashant Sen
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