Vipin Pal vs State Of Uttarakhand
2025 Latest Caselaw 3370 UK

Uttarakhand High Court

Vipin Pal vs State Of Uttarakhand on 27 June, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
               Criminal Appeal No.358 of 2025
                                With
                 Bail Application (IA) No.1 of 2025


Vipin Pal                                          ........Appellant

                              Versus

State of Uttarakhand                            ........Respondent
Present:-
      Mr. Mukul Singh Dangi, Advocate for the appellant.
      Mr. Vijay Khanduri, Brief Holder for the State.


Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this appeal is made to the

judgment and order dated 20.05.2025, passed in Sessions

Trial No.6 of 2021, State of Uttarakhand Vs. Vipin Pal, by

which, the appellant has been convicted under Section 8/21

of the Narcotic Drugs and Psychotropic Substances Act,

1985 and sentenced to undergo rigorous imprisonment for a

period of three years and six months with a fine of Rs.

10,000/-. In default of payment of fine, to undergo simple

imprisonment for a further period of one month.

2. Heard learned counsel for the parties and perused

the record.

3. According to the prosecution case, the arrest

memo was prepared at the spot, but it bears the FIR

number, which was lodged much after lodging of the arrest

memo.

4. Learned counsel for the appellant would submit

that it is a case of recovery of less than commercial quantity

of narcotic substance; appellant was on bail during trial.

5. Learned State Counsel admits that the applicant

was on bail during trial. He admits that according to the

arrest memo it bears the FIR number. There is no document

to reveal that as to how FIR number was recorded in the

arrest memo.

6. Having considered, without adverting much on

merits, 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.

7. The bail application is allowed.

8. The sentence appealed against is suspended

during the pendency of the appeal.

9. 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.) 27.06.2025 Ravi