Uttarakhand High Court
CRLA/69/2024 on 17 February, 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
CRLA No. 62 of 2024
CRLA No. 69 of 2024
CRLA No. 145 of 2024
Hon'ble Rakesh Thapliyal, J.
1. Mr. S.K. Mandal, learned counsel for the
appellant.
2. Mr. Ankush Kumar Tyagi, learned counsel for
the appellant in the connected appeal.
3. Mr. Rakesh Negi and Mr. Prabhat Kandpal,
learned Brief Holders for the State.
4. All these appeals are admitted by this court and
the Trial Court record were received and paper book is
also prepared and supplied to the learned counsel for
the parties.
5. The two Jail Appeals i.e. CRJA 57 and 58 of 2024
are also connected with these criminal appeals. In the
two Jail Appeals the legal aid counsel are appointed,
however, one of the legal aid counsel Mr. Akram
Parvez is not having the paper book. So far as Ms.
Gurbani Singh is concerned, who is the legal aid
counsel in CRJA No. 58 of 2024 is not available since
she is not feeling well.
6. Learned Special Judge, NDPS, Almora, by the
judgment and order dated 11.01.2024 passed in Special
Session Trial No. 18 of 2022 convicted all the appellants
namely Sandeep Singh, Mahipal Singh, Kunwar Pal,
Mukesh Kumar and Dharmedra Tyagi for the offence
punishable under Section 8/20 of NDPS Act with the
maximum sentence of 10 years R.I. and fine of Rs. 1
lakh each.
7. Learned counsel for the appellant submits that
the appellants Sandeep Singh, Mukesh Kumar and
Dharmedra Tyagi are in long incarceration since they
are in jail from the date of their arrest i.e. 31.12.2021.
8. Apart from this, learned counsel for the appellant
Mr. S.K. Mandal and Mr. Ankush Kumar Tyagi
submits that these appellants have no previous
criminal history, which the State have already admitted
in paragraph 4 of the counter affidavit.
9. Learned State counsel also fairly submits that the
appellants are in long incarceration and have no
previous criminal history.
10. After hearing the arguments of learned counsel
for the parties and further taking into consideration
that the appellant suffered long incarceration and have
no previous criminal history, this court is of the view
that the appellants-Sandeep Singh, Mukesh Kumar and
Dharmendra Tyagi are entitled to be released on bail.
Accordingly, without expressing any opinion on the
merit of the case, the bail application is allowed.
11. Let the appellants Sandeep Singh, Mukesh
Kumar and Dharmendra Tyagi be released on bail
during the pendency of the instant criminal appeal on
furnishing their personal bond and two sureties each of
the like amount to the satisfaction of the court
concerned. Realisation of fine shall also remain
suspended.
12. List this matter for final hearing in due course.
(Rakesh Thapliyal, J.)
17.02.2025
PR
