Bachi Ram Alias Bachiya vs State Of Uttarakhand
2023 Latest Caselaw 2324 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL
            Third Bail Application (IA) No. 4239 of 2023
                                With
               Criminal Appeal No. 146 of 2016
                                With
               Criminal Appeal No. 50 of 2018


Bachi Ram alias Bachiya                         ........Appellant

                               Versus

State of Uttarakhand                          ........Respondent
Present:-
      Mr. Brij Bhushan Sharma, Advocate for the appellant.
      Mr. V.K. Gemini, Deputy Advocate General, for the State.

Coram :     Hon'ble Sharad Kumar Sharma, J.

Hon'ble Ravindra Maithani, J.

Hon'ble Ravindra Maithani, J. (Oral)

Instant Criminal Appeal No. 146 of 2016 has been

preferred by the appellant Bachi Ram alias Bachiya against

the judgment of conviction dated 04.03.2016, as it was

rendered in Special Sessions Trial No. 21 of 2014, State Vs.

Bachi Ram, by the Court of Special Judge (N.D.P.S. Act),

Nainital. By it, the appellant has been convicted under

Section 8/20 of the N.D.P.S. Act and thereby, he has been

sentenced for 11 years of rigorous imprisonment.

2. Today the Court has proceeded to hear the

argument in the appeals on merits. But since, the paper

book is not complete, particularly, two documents, i.e.,

Ex.Ka-22 and Ka-23 are not part of the record, hearing could

not be concluded. Even pagination of some of the

documents reveals that they are not legible. First and

foremost, the paper book is to be made complete and

Ex.-Ka-22 and Ka-23 be made part of the paper book.

3. In addition to it, the Court requests the

Government Counsel to get the legible copy of documents.

These exhibits may be produced at the time of hearing of the

criminal appeals.

4. List these criminal appeals on 28th August, 2023,

at 2:00 p.m.

5. In criminal appeal No. 146 of 2016, the appellant

Bachi Ram alias Bachiya seeks bail.

6. Heard learned counsel for the parties and perused

the record.

7. This is the 3rd Bail Application. Earlier two bail

applications have already been rejected on merits.

8. Learned counsel for the appellant would submit

that the appellant has already undergone more than nine

years of imprisonment.

9. Having considered the period of sentence, which

the appellant had already undergone, this Court is of the

view that bail application of the appellant deserves to be

allowed.

10. The third bail application is allowed.

11. The execution of sentence, appealed against, shall

remain suspended during pendency of this criminal appeal.

12. Let the appellant be released on bail, on his

executing a personal bond and furnishing two reliable

sureties, each of the like amount, to the satisfaction of the

court concerned.

(Ravindra Maithani, J.) (Sharad Kumar Sharma, J.) 18.08.2023 Shiv