CRLR/359/2023
2023 Latest Caselaw 1648 UK

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                              14TH JUNE, 2023
                CRIMINAL REVISION NO. 359 OF 2023

Between:


Indra Sharma Alias Indra Mohan Sharma                 .....Revisionist


and


State of Uttarakhand and Another                      ...Respondents


Counsel for the Revisionist       :        Mr. Vikas Anand, Advocate.

Counsel for the State             :        Mr. Manisha Rana Singh,
                                           A.G.A. with Mr. P.S. Uniyal,
                                           Brief Holder for the State.

Hon'ble Alok Kumar Verma,J.

Proposed revisionist was convicted for the offence under

Section 8 read with Section 21 of the Narcotic Drugs and

Psychotropic Substances Act, 1985. He was sentenced to undergo

rigorous imprisonment for a period of four months with a fine of

Rs.5,000/-. Revisionist had filed a Criminal Appeal (No.62 of

2022). The said Appeal has been dismissed vide judgment dated

22.05.2023, passed by learned IInd Additional District and

Sessions Judge, Nainital. Hence, the proposed Criminal Revision.

2. Dismissing the said Appeal, the Appellate Court has

directed the revisionist to surrender before the Court concerned on

06.06.2023. The present Revision has been filed on 05.06.2023.

An exemption application has been filed by the revisionist for

exemption from surrender. Learned counsel for the revisionist has

relied upon an order dated 26.05.2023, passed by Division Bench

of this Court in Writ Petition (M/B No.84 of 2023).

3. Under the said circumstances, Exemption Application is

allowed.

4. Admit.

5. List on 18.10.2023.

6. Heard on the Bail Application (IA No.01 of 2023).

7. Revisionist was on bail during the trial and the

conditions of the bail were neither violated nor misused by the

revisionist.

8. Having considered the submissions of learned counsel

for both the parties and in the facts and circumstances of the case,

this Court is of the view that the revisionist deserves bail at this

stage.

9. The Bail Application (IA No.01 of 2023) is allowed.

10. Let the revisionist - Indra Sharma Alias Indra Mohan

Sharma be released on bail on his executing a personal bond and

furnishing two reliable sureties, each in the like amount, to the

satisfaction of the Court concerned.

___________________ ALOK KUMAR VERMA, J.

Dated 14.06.2023 Pant/