CRLA/184/2018
2022 Latest Caselaw 3278 UK

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      Date                                    COURT'S OR JUDGES'S ORDERS
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                                 Second Bail Application No. 6744 of 2022
                                 In
                                 CRLA No.184 of 2018
                                 Hon'ble S.K. Mishra,J.

Hon'ble Alok Kumar Verma, J.

Mr. R.S. Sammal with Ms. Sarita Bisht, learned counsel for the appellant.

Mr. J.S. Virk, learned Deputy Advocate General assisted by Mr. Rakesh Kumar Joshi, learned Brief Holder for the State.

This is the successive Second Bail Application, filed by the appellant-Nandan Singh Negi, under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for suspension of sentence and grant of bail upon appeal. He has been convicted and sentenced to undergo rigorous imprisonment for a period of fifteen years along with a fine of Rs.1,00,000/- for the offence punishable under Section 8 read with Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act), and, in default of payment of fine, further to undergo simple imprisonment for two years, vide judgment dated 11.06.2018 and 14.06.2018, passed by learned Special Judge (NDPS), Almora in Special Sessions Trial No.01 of 2018.

The learned counsel appearing for the appellant would submit that there has been a non-compliance of Sections 50, 52 and 57 of the NDPS Act and the appellant is in custody since 11.06.2018. We also find from the record that the exact contains of chemical examination report, received from SFSL, was not proved to the accused in his statement recorded under Sections 313 of the Code. He is a permanent resident of District Almora, which precludes reasonable apprehension of his absconding from the process of justice. The appellant was on bail during the trial and there is no allegation on the side of the prosecution that he has misused the liberty granted to him during the trail.

In that view of the matter, the second bail application is allowed. Sentence awarded by the learned Special Judge (NDPS), Almora in Special Sessions Trial No.01 of 2018 is hereby suspended. He shall be released on bail, on such suitable terms and conditions, as the learned Special Judge (NDPS), Almora, deems fit and proper.

The second bail application stands disposed of.

The matter be listed on 21.02.2023 for hearing.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 11.10.2022

Neha/SB