Arjun Singh vs State Of Uttarakhand
2025 Latest Caselaw 3244 UK

Uttarakhand High Court

Arjun Singh vs State Of Uttarakhand on 25 June, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

               Criminal Appeal No. 379 of 2025
                                    With
           IA No.1 of 2025 For Suspension of Sentence



Arjun Singh                                                   ...... Appellant

                                     Vs.

State of Uttarakhand                                        ..... Respondent

Present:
Mr. Devesh Upreti, Advocate for the appellant, through video conferencing.
Mr. V.S. Rawat, 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 13.06.2025, passed in Special Sessions

Trial No.69 of 2020, State Vs. Arjun Singh, by the court of Special

Sessions Judge (NDPS Act)/ District and Sessions Judge,

Champawat. By it, the appellant has been convicted and

sentenced under Sections 8 and 21(b) of the Narcotic Drugs and

Psychotropic Substances Act, 1985 ("the Act").

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 Suspension of Sentence (IA) No.1 of

2025.

8. Learned counsel for the appellant submits that the

charge has been framed under different Sections and conviction

has been done on different Sections without altering the charge; it

is a case of personal search, but the right under Section 50 of the

Act was jointly communicated, which is bad in the eyes of law; the

appellant has been on bail throughout during trial; he is on

interim bail.

9. 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.

10. The Suspension of Sentence application is allowed.

11. The sentence appealed against is suspended during

the pendency of the appeal.

12. 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.) 25.06.2025

Ravi Bisht