CRLA/477/2022
2023 Latest Caselaw 372 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  IA No. 1 of 2022
                                  In
                                  CRLA No. 475 of 2022
                                  With
                                  IA No. 1 of 2022
                                  With
                                  CRLA No. 477 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mrs. Sheetal Selwal, Advocate, for the appellant.

Mr. T.C. Agarwal, Deputy A.G., with Mr. Tumul Nainwal, Brief Holder, for the State of Uttarakhand.

These are two connected Criminal Appeals, which have been preferred against the judgment of conviction dated 28th / 29th October, 2022, as it has been rendered in Special Sessions Trial No.38 of 2017, State Vs. Anand Singh Danu and Special Sessions Trial No. 39 of 2017, State Vs. Ganga Singh Danu, wherein, the appellants have been convicted for the offence under Sections 8/20 of the N.D.P.S. Act, whereby, they have been sentenced to undergo four years of rigorous imprisonment and a fine of Rs.40,000/- has been imposed upon each of the appellant.

The Bail Applications have been preferred on the ground, that during the course of trial, the appellants were arrested on 2nd March, 2017 and were later on bailed out on 14th July, 2017, and during the period, when the trial was proceeding, they have never misused the bail. After the judgment of 28th October, 2022, they have already served a sentence of about eight months out of total sentence as imposed upon them.

It is further argued that the appellants were not carrying any criminal history.

In that eventuality, the appellants are directed to be released on bail, subject to furnishing of their personal bond and two sureties each of the like amount to the satisfaction of the Court concerned. It is, however, made clear that as a consequence of the release on bail in pursuance to today's order, the learned counsel for the appellants assured the Court, that the appellants will not indulge themselves in any future criminal activities.

The Bail Applications stand allowed accordingly.

(Sharad Kumar Sharma, J.) Dated 13.02.2023 Shiv