CRLA/877/2023
2025 Latest Caselaw 1562 UK

Uttarakhand High Court

CRLA/877/2023 on 7 January, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures
                                 IA No. 1 of 2023 (Bail Application)
                                 In
                                 CRLA No. 877 of 2023
                                 Hon'ble Rakesh Thapliyal, J.

1. Mr. Hari Om Bakhuni, learned counsel for the appellant and Mr. Sandeep Sharma, learned Brief Holder for the State.

2. The instant appeal was admitted on 04.04.2024 and the records of the trial court were summoned and received. Paper-book was also prepared.

3. Heard on bail application.

4. The present appellant - "Jeevan Pathni" has been convicted by the Trial Court pursuant to the judgment and order dated 29.09.2023 passed by learned Special Session Judge, Bageshwar in Special Session Trial No. 26 of 2022, State Vs. Jeevan Pathni, for the offences punishable under Section 8/21 of NDPS Act.

5. Under Section 8 r/w Section 21(b) of NDPS Act, the appellant has been sentenced with four years rigorous imprisonment and fine of Rs. 20,000/- and in default of payment of fine, he has to further undergo imprisonment for six months additionally.

6. Mr. Hari Om Bhakuni, learned counsel for the appellant submits that the appellant was on bail during trial and during trial, he remained in jail for two months and after conviction by the judgment dated 29.09.2023, the appellant is also in jail and almost and in total, he have served approximately one year and five months. Apart from this, he submits on merit that the alleged contraband of smack, which was shown to be recovered from the appellant, is much below the commercial quantity i.e. 7.60 gm. Apart from this, he also submits that the appellant have no previous criminal history.

7. Learned State counsel have also not disputed this fact that the appellant was on bail during trial and the alleged contraband, which was shown to be recovered from the appellant, is much below the commercial quantity and have also not disputed the fact that appellant have served approximately one year and five months.

8. After hearing the arguments of learned counsel for the parties and taking into consideration that the appellant was on bail during trial, therefore, without expressing any opinion on the merit of the case, this Court is of the view that the appellant deserves to be enlarged on bail.

9. Accordingly, the bail application is allowed.

10. Let the appellant - "Jeevan Pathni" be released on bail, during the pendency of the appeal, on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. Realisation of fine shall also remain suspended during the pendency of the appeal.

11. The Registry is directed to prepare the paper-book and supply the same to learned counsel for the parties.

12. It is made clear that if the appellant is found to be indulged in any such activity in future, learned State Counsel is free to move an application before this Court for cancellation of his bail.

13. List this appeal in the month of October, 2025.

(Rakesh Thapliyal, J.) 07.01.2025 Ujjwal