Uttarakhand High Court
CRLA/587/2019 on 4 August, 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
Modification application no. 3708 of 2025
Exemption application no. 3707 of 2025
In
CRLA No. 587 of 2019
Hon'ble Rakesh Thapliyal, J.
1. Mr. Digvijay Singh Bisht, learned Legal Aid
Counsel for the appellant.
2. Mr. Sandeep Sharma, learned AGA and Ms.
Meenakshi Sharma, learned Brief Holder for the State.
3. Present appellant Nirmal Singh has convicted by
the Special Judge, NDPS Act, Udham Singh Nagar in
Special Session Trial No. 126 of 2012 by the judgment
and order dated 24.09.2019 for the offence punishable
under Section 22 (Ga) of the NDPS Act and sentenced
to undergo 10 years rigorous imprisonment and to pay
a fine of Rs. 1,00,000/- and in default of payment of
fine, to undergo further imprisonment of six months.
4. The instant appeal was admitted on 07.11.2019
and records were summoned and the appellant was
enlarged on bail 27.11.2019 on the same terms and
conditions on which he was granted bail during trial.
Subject to this condition that prior to his release, the
appellant shall deposit the amount of fine imposed by
the trial court.
5. Now, modification application no. 3708 of 2025
has been moved along with exemption application no.
3707 of 2025 through Legal Aid Counsel on the basis of
letter of the appellant dated 01.07.2025 forwarded by
the Incharge, Jailor, Central Jail, Sitarganj wherein it
has been mentioned that appellant could not be
released since there is no one to do his pairvi and
though the appellant was granted bail on 27.11.2019
but still he is in jail. It is further mentioned that fine
imposed by the trial court may also suspended.
6. Learned Legal Aid Counsel for the applicant
submits that appellant belongs to a very poor
background and there is no one to do pairvi in his
family and that is the reason he could not be released
on bail despite order of this Court dated 27.11.2019. He
further submits that fine, as imposed by the trial court
may also be suspended. Since appellant belongs to a
poor family.
7. It is also contended in the modification
application that since there is no one in his family to do
pairvi on his behalf, therefore, he is unable to furnish
sureties and appellant may be released on his personal
bond. He further submits that another co-accused
Kuldeep Singh was also enlarged on bail by order
dated 27.11.2019 and he has been released but the
appellant could not be released due to non furnishing
of sureties.
8. On the other side, Mr. Sandeep Sharma, learned
AGA for the State submits that present appellant is
languishing in jail for the last more than 6 years and 4
months and appellant could not be released, as he is
not able to fulfil the condition as stipulated in the order
dated 27.11.2019, by which the appellant was enlarged
on bail, therefore, condition can be relaxed.
9. After hearing arguments of learned counsel for
the parties and further taking into consideration the
statements as given as well as in the application of
appellant dated 01.07.2025 forwarded by the Incharge,
Jailor, Central Jail, Sitarganj and also the contents of
paragraph 4 to 6 of the modification application, this
Court is of the view that condition as stipulated in the
order dated 27.11.2019 for granting bail to the present
appellant is required to be modified and relaxed.
Accordingly, order dated 27.11.2019 is modified to this
extent that appellant be released on bail on furnishing a
personal bond and realization of the fine, as imposed
by the trial court, shall also remain suspended during
the pendency of the instant appeal.
10. List for final hearing in due course.
11. Modification and exemption applications stand
disposed of accordingly.
(Rakesh Thapliyal, J.)
04.08.2025
SKS
