Citation : 2025 Latest Caselaw 6390 UK
Judgement Date : 18 December, 2025
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Appeal No. 740 of 2025
With
IA No.1 of 2025 For Bail Application
Sumit Kanyal ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Amit Kapri, Advocate for the appellant.
Mr. Pankaj Joshi, A.G.A. for the State of Uttarakhand.
Hon'ble Ravindra Maithani, J. (Oral)
The instant appeal has been preferred against
judgment and order dated 10.12.2025, passed in Special Sessions
Trial No.29 of 2023, State Vs. Lobsang Khimal and Others, by the
court of Special Sessions Judge (NDPS Act), Pithoragarh. By it, the
appellant has been convicted and sentenced under Section 8 read
with 21(b) of the Narcotic Drugs and Psychotropic Substances Act,
1985.
2. Heard.
3. Admit.
4. Call for the LCR.
5. Once LCR is received, let paper book be provided
to learned counsel for the parties, as per rules.
6. List in due course for final hearing.
7. Heard on Bail Application (IA) No.1 of 2025.
8. Learned counsel for the appellant submits that the
appellant was on bail during trial; he has been sentenced to 3
years' rigorous imprisonment; he is still on interim bail; he has
never misused the bail granted to him.
9. These facts are not disputed by learned State
Counsel.
10. Having considered, this Court is of the view that it
is a case in which the execution of sentence should be suspended
and the appellant be enlarged on bail.
11. The bail application is allowed.
12. The sentence appealed against is suspended
during the pendency of the appeal.
13. Let the appellant be released on bail during the
pendency of the appeal on his executing a personal bond and
furnishing two reliable sureties, each of the like amount, to the
satisfaction of the court concerned.
(Ravindra Maithani, J.) 18.12.2025
Ravi Bisht
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