C482/1696/2023
2023 Latest Caselaw 2508 UK

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                                     C482 No.1696 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Priyanshu Gairola, Advocate, for the applicant.

Mr. V.K. Jemini, D.A.G. for the State of Uttarakhand.

It is not in controversy that the applicant, who is an accused person for commission of the offences under section 8/20 of the NDPS Act, is a resident of Nepal. He has been already granted bail by the coordinate Bench of this Court on 15.03.2021, but he could not seek his release, because he was unable to arrange and furnish sureties. Hence, he has prayed for, that he may be permitted to be released on furnishing of his personal bond.

Since the applicant being the resident of the Nepal, it will not be advisable to release him on bail by exclusively on furnishing of personal bond without sureties being provided by him.

In that eventuality, instead of modifying the order dated 15.03.2021, this C482 application will stand disposed of with a request that the proceedings of Special Session Trial No.43 of 2020, "State Vs. Balbahadur Dharti Magar", which is pending consideration before the court of Special Sessions Judge, Champawat, the same may be decided as expeditiously as possible, but not later than two months from the date of the production of the certified copy of this judgment, for the reason being that this Court has been informed that almost all the prosecution witnesses have been examined, except for PW 11.

Subject to the aforesaid, the C482 application stand disposed of.

(Sharad Kumar Sharma, J.) 25.08.2023 NR