CRJA/3/2023
2025 Latest Caselaw 3872 UK

Uttarakhand High Court

CRJA/3/2023 on 25 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office      Notes,
                   reports, orders or
SL.                proceedings     or
        Date                                              COURT'S OR JUDGES'S ORDERS
No                 directions    and
                   Registrar's order
                   with Signatures
      25.04.2025                        IA No. 01 of 2024 (Bail Application)
                                        In
                                        CRJA No. 03 of 2023
                                        Hon'ble Vivek Bharti Sharma, J.

Mr. Harshpal Sekhon, learned counsel for the appellant/convict.

2. Mr. Akshay Latwal, learned A.G.A. for the State.

3. This criminal jail appeal is filed by the appellant/convict against the judgment/order dated 06.10.2022 passed by learned District & Sessions Judge/Special Sessions Judge, N.D.P.S. Act, Bageshwar in S.S.T. No. 17 of 2020, whereby the appellant/convict has been convicted for the offence punishable under Section 8/20(b)(ii)(c) of N.D.P.S. Act and has been sentenced to undergo ten years' rigorous imprisonment along with fine of `1,00,000/-.

4. Counsel for the appellant/convict would submit that the appellant/convict is an innocent person and has falsely been implicated in the instant crime; that, appellant/convict has no criminal history; that, learned trial court has passed the impugned judgment and order without proper appreciation of evidence on record.

He would further submit that as per the custody certificate, the appellant/convict has served 05 years 03 months and 26 days of sentence till now.

5. Learned State counsel vehemently opposed the bail application, however, admitted that the appellant/convict has served 05 years 03 months and 26 days of sentence till now.

Custody certificate is supplied by the State counsel in the Court today. Same is taken on record. Registry to paginate the same.

6. Having considered the submissions of learned counsel for the parties but without expressing any opinion about the final merits of the case, the appellant/convict is admitted to bail on furnishing bail bond with two sureties in the amount of ₹80,000/- each and personal bond of the like amount to the satisfaction of the Trial Court concerned.

7. Bail Application stands allowed.

8. List this matter on 06.08.2025.

(Vivek Bharti Sharma, J.) 25.04.2025 Akash