CRLA/205/2021
2022 Latest Caselaw 1422 UK

Citation : 2022 Latest Caselaw 1422 UK
Judgement Date : 7 May, 2022

Uttarakhand High Court

CRLA/205/2021 on 7 May, 2022

                Office Notes,
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                                  CRLA No.205 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. R.S. Sammal and Mr. Pankaj Kapil, learned counsel for the appellant.

Mr. Siddhartha Bisht, learned B.H. for the State. Heard.

This is the second bail application (IA 4/22) moved on behalf of the applicant- Akram.

The first application was dismissed vide order dated 16.07.2021.

From the records, it appears that 1 kg Charas was recovered from the motorcycle bearing No.UA06W-9287 being driven by the co-accused.

As per the judgment rendered by the Full Bench of the Himachal Pradash High Court in the case of "Ratto v. State of H.P." {(Cr.M.P.(M)} No.1101 of 2002 decided on 13.6.2003, 1 kilograms of Charas would not fall within the definition of 'commercial quantity'.

Admittedly, as per the prosecution story, 1 kg of Charas was recovered from the motorcycle being driven by the co-accused. The maximum punishment provided is 10 years for the offence. During investigation, he was in judicial custody, and during trial also, he was on bail; he is now in judicial custody since 27.05.2021; there is no independent witness of the recovery; it will take time to hear the appeal on merits; the co-accused has been enlarged on bail by this Court vide order dated 29.04.2022; thus, without going to the merits of appeal, it is a fit case for bail at this stage.

The bail application is thus, allowed and the applicant-appellant is directed to be enlarged on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the Court concerned.

Moreover, the realization of 50% of fine is also stayed, and the appellant is directed to deposit remaining 50% of fine, which shall be a condition precedent for his release.

(R.C. Khulbe, J.) 07.05.2022 BS