CRLA/255/2019
2022 Latest Caselaw 4080 UK

               Office Notes,
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SL.           or proceedings
      Date                                         COURT'S OR JUDGES'S ORDERS
No           or directions and
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                                 I.A. No. 2 of 2022
                                 In
                                 CRJA No. 65 of 2022 WITH CRLA No. 255 of 2019
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri Ravi Shankar Kandpal, learned counsel for the appellant / applicant.

Shri J. S. Virk, learned Deputy Advocate General with Shri Rakesh Kumar Joshi, learned Brief Holder for the State.

Objection filed by the Deputy Advocate General for the State today in the Court is taken on record.

This is an application under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Code" for brevity) filed by the appellant / applicant - Naresh for suspension of sentence and grant of bail upon appeal. The appellant has been convicted under Section 8/20 (b) (II) (C) of the NDPS Act, by Special Judge, NDPS Act, Dehradun vide judgment and order dated 15.05.2019 passed in Special Sessions Trial No. 21 of 2007 and sentenced him to undergo 12 years' rigorous imprisonment and to pay a fine of Rs. 1,00,000/-.

It is brought to our notice that in the connected appeal being CRLA No. 255 of 2019, as per order dated 28.02.2020, the Coordinate Bench of this Court has held that there gross anomalies in search and seizure of the contraband and compliance of Section 52 of the NDPS, therefore, application for bail was allowed.

Co-accused Vishwa Kumar Garg was found in possession of 2 kg of Charas whereas petitioner was found in possession of 1.5 kg of Charas in the same search and raid. It is borne out from the records that applicant was on bail during trial and there is no allegation of misuse of liberty granted to the applicant from the side of the prosecution in any manner. Appellant / applicant Naresh is permanent resident of District Dehradun and there is no reasonable apprehension of his absconding from the process.

In that view of the matter keeping the principle of parity in mind, we are inclined to allow the bail application no. 2 of 2022.

Considering the facts and circumstances of the case, the appellant / applicant is granted bail. He be released on furnishing a personal bond of Rs. 25,000/- with two sureties for the like amount to the satisfaction of trial Judge.

Out of the fine of Rs. 1,00,000/- half of the amount shall also remain stayed.

List on 23.05.2023.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 20.12.2022 (Grant urgent certified copy of this order, as per Rules.) SKS