Uttarakhand High Court

CRLA/506/2022 on 13 May, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      CRLA No. 506 of 2022


                                      Hon'ble Rakesh Thapliyal, J.

1. Mrs. Pushpa Joshi, learned senior counsel assisted by Mrs. Chetna Latwal, learned counsel for the appellant.

2. Mr. Sandeep Sharma, learned A.G.A. for the State.

3. This is an admitted appeal, admitted on 06.12.2022 and the trial court record was also received; paper book is also prepared and supplied to the learned counsel for the parties.

4. Heard on the bail application.

5. The appellant is convicted by the Special Judge, NDPS Act/3rd Additional Session Judge, Haridwar, in Special Session Trial No. 23 of 2016 'State vs. Inam' decided on 21.10.2022, whereby, the appellant has been convicted for the offence punishable under Section 8/20 of NDPS Act with the sentence of 10 years R.I. and fine of Rs. 1 lakh.

6. Learned counsel for the appellant submits that the appellant was arrested on 03.09.2016 in the said crime and thereafter was released on bail on 17.05.2017 and thereafter after the judgment passed by the Trial Court dated 21.10.2022 the appellant is in jail.

7. Learned counsel for the appellant submits that in total the appellant already served 3 years 9 months and as such is in long incarceration, therefore, at this stage particularly when the appellant served more than 3 years 9 months the condition as stipulated under Section 37 of NDPS Act can be dispensed with.

8. On the other side, Mr. Sandeep Sharma, learned A.G.A. have not disputed this fact that the appellant already served 3 years 9 months of sentence and is in long incarceration and this is an appeal of 2022 and there is no possibility that the appeal be expedited soon, therefore, taking into consideration the long incarceration of the appellant, he may granted bail.

9. After hearing the arguments of learned counsel for the parties and taking into consideration that this is an admitted appeal and the appellant is convicted with 10 years R.I. out of which already the appellant served almost 3 years 9 months in custody and as such this court is of the view that the appellant deserves for bail.

10. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.

11. Let the appellant be released on bail during the pendency of the instant criminal appeal on furnishing his 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 for final hearing in due course.

(Rakesh Thapliyal, J.) 13.05.2025 PR