CRLA/47/2021
2021 Latest Caselaw 2283 UK

                Office Notes,
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      Date                                      COURT'S OR JUDGES'S ORDERS
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                                  CRLA No.81 of 2021 and CRLA No.47 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Devesh Upreti Ms. Charanjeet Kaur, learned counsel for the applicants/appellants.

Mr. Siddhartha Bisht, learned B.H. for the State. Heard on the bail application (IA 1/21). It is submitted that the appellants have already served more than 26 months in jail; during trial, the prosecution failed to produce the Malkhana Register, and accordingly, the appellants could not have been convicted by the Trial Court under the NDPS Act; moreover, at this stage, the appellants are entitled for bail as per the dictums of the Hon'ble Apex Court in the case of (1) State of Rajasthan vs. Gurmail Singh 2011 (11) SCC 559, (2) State of Rajasthan vs. Tara Singh reported in 2005 (3) SCC 59 and that of the Allahabad High Court in the case of Jitendra Singh Rathore vs. State of U.P. (Crl. Appeal No.4509 of 2006 decided on 8.1.2014).

Per contra, learned counsel for the State opposed for bail.

From a perusal of the impugned judgment, it is clear that in paragraph no.49, the Trial Court clearly mentioned that no Malkhana Register was produced during trial; it is a matter of merits whether the appellants deserve acquittal only on the aforesaid lacuna, but certainly, it is evidence that no such Register was produced by prosecution during trial; accordingly, without making any comment on the merits of the appeal, it is a fit case for bail at this stage.

The bail applications are thus, allowed. The applicant-appellants, namely, Amarjeet Singh and Jogender Singh are enlarged on bail on each of their executing personal bond(s) and furnishing two-two sureties, separately, each of the like amount, to the satisfaction of the Court concerned.

List these matters together on 26.08.2021 for hearing the appeals on merit.

(R.C. Khulbe, J.) 07.07.2021 Rdang