Uttarakhand High Court

CRLA/226/2021 on 23 May, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      BA1 No. 01 of 2021
                                      IN
                                      CRLA No. 226 of 2021
                                      Hon'ble Rakesh Thapliyal, J.

1. Ms. Aishwarya Thapliyal, learned counsel holding brief of Mr. Abhishek Verma, learned counsel for the appellant / applicant.

2. Mr. Pankaj Joshi, learned Assistant Government Advocate with Mr. Chitrarath Kandpal, learned Brief Holder for the State.

3. The instant appeal is filed within time but the same has yet not been admitted.

4. Admit the appeal.

5. The instant appeal has been preferred against the judgment and order dated 05.04.2021 passed by Special Judge, (NDPS Act), Dehradun, in Special Sessions Trial No. 103 of 2013 whereby present appellant has been convicted for the offence punishable under Section 8 / 20 of the NDPS Act and sentenced to undergo imprisonment of 02 years.

6. Heard on bail application.

7. Learned counsel for the appellant submits that appellant has already served more than 10 months of imprisonment and the maximum sentence awarded to the appellant is 2 years. She further submits that there is no likelihood of early hearing of this appeal.

8. After hearing learned counsel for the parties, this Court is of the view that since the appellant has already served more than 10 months of the sentence and the maximum sentence awarded by the trial court is 2 years, therefore, this Court is of the view that appellant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.

9. Let appellant "Deewan Singh" be released on bail, during the pendency of the instant appeal, on furnishing a personal bond and two sureties each of the like amount, to the satisfaction of the court concerned. Realization of the fine imposed by the trial court shall also remain suspended.

10. List in due course.

(Rakesh Thapliyal, J.) 23.05.2025.

SKS