CRLA/43/2022
2022 Latest Caselaw 170 UK

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                                  CRLA No. 43 of 2022

                                  With

                                  Delay Condonation Application No. 01 of 2022

                                  Bail and Suspension of Sentence No. 02 of 2022

                                  Hon'ble R.C. Khulbe, J.

Mr. Niranjan Bhatt, learned counsel for the appellant.

Mr. Kuldeep Singh Rawal, learned AGA for the State.

This Criminal Appeal is preferred against the judgment and order dated 20.12.2019 passed by Special Sessions Judge, Uttarkashi, in Special Sessions Trial No. 26 of 2017, "State versus Rajesh Kumar and others, convicting the appellant u/s 20 (b)(ii)(c) of the N.D.P.S. Act, sentencing rigorous imprisonment of ten years along with fine of Rs. 1,00,000/- and in default of payment of fine to further undergo one year simple imprisonment.

Since the appeal is time barred, accordingly, the delay condonation application has been moved to condone the delay. The delay condonation application is supported by the affidavit.

The accused is in judicial custody continuously since the pronouncement of the judgment.

Since the learned State Counsel has no objection, accordingly, the delay condonation application is allowed.

Admit.

Summon the Lower Court's Record. Heard on bail application. From the record, in the present matter, the accused Rajesh Kumar, Gopal and Sushil have been convicted by the impugned order, while the appellants Rajesh and Gopal have been enlarged on bail by the Coordinate Bench of this Court vide order dated 28.09.2020 and 14.01.2021 respectively.

As the matter is identical, accordingly the present appellant is also entitled for bail.

Considering the facts and circumstances of the case, the bail application is hereby allowed. Appellant is granted bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, provided he will deposit Rs. 50,000/- as fine.

(R.C. Khulbe, J.) Vacation Judge 25.01.2022 RV