CRLA/335/2021
2025 Latest Caselaw 3589 UK

Uttarakhand High Court

CRLA/335/2021 on 8 April, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                                   COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures


                                      3rd Bail Application No. 7 of 2023
                                      In
                                      CRLA No. 335 of 2021
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Vinod Sharma, Mr. Kamlesh Budhlakoti and Mr. S.C. Burman, learned counsel for the appellant.

2. Mr. Sandeep Sharma, learned Assistant Government Advocate for the State.

3. The instant appeal has been preferred by the present appellants, who have been convicted by the Special Judge, NDPS Act, Uttarkashi in Special Session Trial No. 05 of 2018 by judgment and order dated 28.09.2021 for the offence punishable under Section 8 / 20 of the NDPS Act with the sentence of 5 years rigorous imprisonment each and fine of Rs. 20,000/- each and in default of payment of fine, to undergo additional rigorous imprisonment of one month.

4. This is an admitted appeal, admitted on 29.10.2021 and trial court record were summoned and received and paper book is prepared and supplied to the learned counsel for parties.

5. First bail application was rejected on 26.11.2021 and second bail application was also moved, which was also rejected on 15.09.2022 and now, this is third bail application.

6. Heard on third bail application.

7. Learned counsel for the appellants submits that appellants are in long incarceration and have served more than half of the sentence i.e. about 4 years of sentence. Learned counsel for the appellant has also enclosed custody certificate dated 28.03.2023 of the appellant, as Annexure No. 1 to the bail application and as per this custody certificate, appellants are in jail since 28.09.2021.

8. Apart from this, learned counsel for the appellants submits that appellants have no previous criminal history.

9. On the other side, learned State Counsel has not disputed this fact that appellants are in long incarceration and they have served more than half of the sentence and they have no previous criminal history.

10. After hearing learned counsel for the parties, this Court is of the view that since the appellant have already served more than half of the sentence i.e. about 4 years and they suffered long incarceration and have no previous criminal history, therefore, this Court is of the view that appellants deserve for bail. Accordingly, without expressing any opinion on the merit of the case, third bail application is allowed.

11. Let appellants "Shoukeen" and "Muskeem" be released on bail, during the pendency of the instant appeal, on furnishing a personal bond by each of them and two sureties each of the like amount, by each of them, to the satisfaction of the court concerned. Realization of the fine imposed by the trial court shall also remain suspended.

12. List for final hearing in due course.

(Rakesh Thapliyal, J.) 08.04.2025 SKS